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/raid1/www/Hosts/bankrupt/CAR_Public/120817.mbx C L A S S A C T I O N R E P O R T E R Friday, August 17, 2012, Vol. 14, No. 163 Headlines ACE LIMITED: Continues to Defend Suits Over Commercial Insurance ANZ BANK: Court Begins Hearing on Overdraft Fee Class Action AT&T TELEHOLDINGS: Faces Class Action Over Onerous Lunch Policy AVON PRODUCTS: Awaits Ruling on Bid to Dismiss Consolidated Suit AVON PRODUCTS: Awaits Ruling on Bid to Dismiss Shareholder Suit CANON USA: Recalls 68,200 of EOS Rebel T4i Digital Cameras CENTERPOINT ENERGY: To Seek Dismissal From Two Remaining Cases CENTERPOINT ENERGY: Dismissal From Gas Mismeasurement Suit Sought CLIF BAR: Recalls Mislabeled Blueberry Crisp CLIF(R) Bars CONAGRA FOODS: Sued Over False Claims on Parkay Spray Butter DALE T. SMITH: Recalls 38,200 Pounds of Beef Products DEX ONE: Awaits Court Approval of $2.1MM ERISA Suit Settlement DEX ONE: Settlement in Suit vs. Ex-Officers Approved in June DISH NETWORK: Sup. Ct. Review of Suit Dismissal Ruling Sought DOW CHEMICAL: Unit's Pension Plan Made $122MM Settlement Payment FMC CORP: Argument Over Indirect Purchase Claims Set for Oct. FMC CORP: Defends Cross-Border Class Suit vs. Foret in Germany FOREST OIL: Defends "Augenbaum" IPO-Related Suit in New York FOX ENTERTAINMENT: Interns Seek to Expand Class Action GARDEN FRESH: FSIS Lists Stores That Received Recalled Products GENERAL REINSURANCE: 2nd Cir. Orders Class Certification Review GOOGLE INC: Can Appeal Authors' Class Action Status GRISTEDE'S FOODS: Settles Female Cashiers' Class Action HULU LLC: Judge Allows Privacy Class Action to Proceed HARTFORD FINANCIAL: Defends Suits Alleging Underpayment of Claims HEALTH MANAGEMENT: Amended Consolidated Securities Suit Pending ICAHN ENTERPRISES: "Silsby" Suit Remains Stayed in N.Y. Court INTEL CORP: Continues to Defend Unfair Trade Practices Suits INTEL CORP: Reversal Bid in McAfee-Related Suit Denied in July NASDAQ OMX: Accused of Negligence Over Facebook's May 18 IPO NOVATION COMPANIES: Appeal From Securities Suit Dismissal Pending POWERWAVE TECHNOLOGIES: Faces Shareholder Class Suit in Calif. RADIAN GROUP: Still Defends RESPA-Violations Class Suits SKECHERS USA: Class Action Settlement Gets Prelim. Court Okay SKYWORKS SOLUTIONS: Continues to Defend AATI Merger-Related Suit SPIRIT AIRLINES: Generates Profit From "Passenger Usage Fees" STANLEY BLACK: Sued in Conn. Over Ineffective Pest Repellants STATE OF FLORIDA: Judge Tosses In-State Tuition Class Action STURM RUGER: Consolidated Securities Class Suit Remains Pending SUNTRUST BANKS: 9th Cir. Affirms Order in ATM Fee Antitrust Suit THOMSON REUTERS: To Settle Class Action Over FXall Tender Offer TOYSMITH: Recalls 89,500 Animal Snap Bracelets Due to Cut Hazard US HOME: Faces Shareholder Class Action in Texas VIVENDI SA: Investors Can Use Facts From Suit to Pursue Claims WELLPOINT COMPANIES: Blumenthal Nordrehaug Files Class Action WELLS REAL: Summary Judgment Bid Pending in Securities Litigation YAHOO INC: Judge Dismisses Class Action Over Alipay Investment ZYNGA INC: Faces Shareholder Class Action in California Asbestos Litigation ASBESTOS UPDATE: 3 Suits v. Union Pacific to Proceed to Trial ASBESTOS UPDATE: 3rd Cir. Affirms Ch.7 Conversion of Skinner Case ASBESTOS UPDATE: Ct. Denies Dana Companies' Bid to Dismiss Suit ASBESTOS UPDATE: Court Dismisses Worker's Suit v. United Air Lines ASBESTOS UPDATE: NY Ct. Affirms Judgment in Asbestos Removal Suit ASBESTOS UPDATE: Calif. Ct. Reverses Judgments in 3 Exposure Suits ASBESTOS UPDATE: Suit v. Reichhold to Proceed to Discovery ASBESTOS UPDATE: Ct. Denies CBS's Bid to Dismiss or Transfer Case ASBESTOS UPDATE: Hormel Dismissed as Defendant in Exposure Suit ASBESTOS UPDATE: NJ Dist. Ct. Denies Bid to Remand Exposure Suit ASBESTOS UPDATE: Wash. Ct. Reverses Decision in Duty to Warn Suit ASBESTOS UPDATE: NY Suits to be Tried in Groups, Court Rules ASBESTOS UPDATE: Ct. Denies CSX's Bid for Bifurcation of Claims ASBESTOS UPDATE: 550 New Claims Filed vs. Goodyear Tire in 2Q ASBESTOS UPDATE: Harsco Corp. Had 18,626 PI Claims at June 30 ASBESTOS UPDATE: Parsons Suit Remains Stayed ASBESTOS UPDATE: Lincoln Electric Still Faces Asbestos Cases ASBESTOS UPDATE: Graham Corp. Continues to Defend Exposure Cases ASBESTOS UPDATE: Tyco International Faced 5,200 Suits at June 29 ASBESTOS UPDATE: Allstate Corp. Had $1.03BB Reserves at June 30 ASBESTOS UPDATE: 36,000 Razed Christchurch Homes Eyed for Cleanup ASBESTOS UPDATE: Fibro Cleanup Temporarily Closes Hale Road School ASBESTOS UPDATE: Peru Central School Renovation Stirs Up Fibro ASBESTOS UPDATE: Kubota Expected to Appeal JPY32 Million Verdict ASBESTOS UPDATE: UK Agency Probes Dale Farm Contamination ASBESTOS UPDATE: Impact of Early Meso Detection Questioned ASBESTOS UPDATE: Melbourne Widow Gets $476,000 WorkCover Payout ASBESTOS UPDATE: Watauga Leaders Grant Additional Abatement Funds ASBESTOS UPDATE: SOS Says Containers at La Collette Releases Fibro ASBESTOS UPDATE: 75% to 82% of Devon Public Schools Have Fibro ASBESTOS UPDATE: Illegal Fibro Dumping A Growing Concern ASBESTOS UPDATE: Macias v. Saberhagen Asbestos Case Reviewed ASBESTOS UPDATE: El DuPont Nemours, 3 Others Face Lawsuit ASBESTOS UPDATE: Fibro Dump at Corio Bay Likely Be "Encapsulated" ASBESTOS UPDATE: Buyers of Contaminated Pasadena Lot Sue Vendors ASBESTOS UPDATE: OEPA Confirms Fibro Presence in Old Marion Plant ASBESTOS UPDATE: BoRit Site Asbestos Removal Reaches 2nd Stage ASBESTOS UPDATE: Cleanup Plan for Zachary Tompkins Field Initiated ASBESTOS UPDATE: Owner of Tracy Shooting Supplies May Have ARD ASBESTOS UPDATE: Thailand Tightens Regulation on Product Labeling ASBESTOS UPDATE: S&P Lowers Corp. Credit Rating on Sealed Air ASBESTOS UPDATE: Bermuda Hospital Assures Safety Over Fibro Report ASBESTOS UPDATE: Breath Testing for Mesothelioma Gains Traction ASBESTOS UPDATE: Quebec Political Party to Phase Out Fibro Export ASBESTOS UPDATE: Wenatchee Housing Rehab Program Fixes 44th Home ASBESTOS UPDATE: 217 Bins of Fibro at La Collette Need Resolution ASBESTOS UPDATE: Fibro Kills 52 People Yearly in Northern Cape ASBESTOS UPDATE: James Hardie Reports Increase in Sales, Profits ASBESTOS UPDATE: Fibro-Testing Urged Before Every DYI Renovations ASBESTOS UPDATE: Old Power Plant Owner Faces $300K Abatement Bill ASBESTOS UPDATE: Tetra Tech To Manage Mexico DSS Bldg. Abatement ASBESTOS UPDATE: 4,000 Signed Against Fibro-Dumping in Chew Valley ASBESTOS UPDATE: EA Reports 4,249 Burnley Fly-Tippings in 2010-11 ASBESTOS UPDATE: MoD Faces GBP250K Lawsuit After GBP17.5K Payout ASBESTOS UPDATE: Mesothelioma Victim's Kin Blames QE Hospital ASBESTOS UPDATE: China Carmakers Recalls 23,000 Units in Australia ASBESTOS UPDATE: Study Confirms High Carcinogenicity of Chrysotile ASBESTOS UPDATE: Deans Mill Cleanup Bars Minors From Station ASBESTOS UPDATE: 217 Bins of Fibro to be Buried in Jersey ASBESTOS UPDATE: Old Colony School Remains AHERA Compliant ********* ACE LIMITED: Continues to Defend Suits Over Commercial Insurance ---------------------------------------------------------------- ACE Limited continues to defend numerous lawsuits filed by insurance policyholders concerning commercial insurance, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. ACE Limited, ACE INA Holdings Inc., and ACE USA, Inc., along with a number of other insurers and brokers, were named in a series of federal putative nationwide class actions brought by insurance policyholders. The Judicial Panel on Multidistrict Litigation (JPML) consolidated these cases in the District of New Jersey. On August 1, 2005, plaintiffs in the New Jersey consolidated proceedings filed two consolidated amended complaints -- one concerning commercial insurance and the other concerning employee benefit plans. The employee benefit plans litigation against ACE Limited has been dismissed. In the commercial insurance complaint, the plaintiffs named ACE Limited, ACE INA Holdings Inc., ACE USA, Inc., ACE American Insurance Co., Illinois Union Insurance Co., and Indemnity Insurance Co. of North America. They allege that certain brokers and insurers, including certain ACE entities, conspired to increase premiums and allocate customers through the use of "B" quotes and contingent commissions. In addition, they allege that the broker defendants received additional income by improperly placing their clients' business with insurers through related wholesale entities that acted as intermediaries between brokers and insurers. Plaintiffs also allege that broker defendants tied the purchase of primary insurance to the placement of such coverage with reinsurance carriers through the broker defendants' reinsurance broker subsidiaries. The complaint asserts the following causes of action against the ACE defendants: Federal Racketeer Influenced and Corrupt Organizations Act (RICO), federal antitrust law, state antitrust law, aiding and abetting breach of fiduciary duty, and unjust enrichment. In 2006 and 2007, the Court dismissed plaintiffs' first two attempts to properly plead a case without prejudice and permitted plaintiffs one final opportunity to re-plead. The amended complaint, filed on May 22, 2007, purported to add several new ACE defendants: ACE Group Holdings, Inc., ACE US Holdings, Inc., Westchester Fire Insurance Company, INA Corporation, INA Financial Corporation, INA Holdings Corporation, ACE Property and Casualty Insurance Company, and Pacific Employers Insurance Company. Plaintiffs also added a new antitrust claim against Marsh, the ACE defendants, and other insurers based on the same allegations as the other claims but limited to excess casualty insurance. In 2007, the Court granted defendants' motions to dismiss plaintiffs' antitrust and RICO claims with prejudice. The Court also declined to exercise supplemental jurisdiction over plaintiffs' state law claims and dismissed those claims without prejudice. Plaintiffs appealed to the United States Court of Appeals for the Third Circuit. On August 16, 2010, the Third Circuit affirmed, in part, and vacated, in part, the District Court's previous dismissals with instructions for further briefing at the District Court on remand. Defendants renewed their motions consistent with the Third Circuit's instructions. On June 28, 2011, the District Court administratively terminated defendants' motions without prejudice to re-file after adjudication of issues related to a proposed class settlement involving a number of other parties and stayed the case. On October 17, 2011, the Court lifted the stay and indicated that it will issue a new scheduling order in the coming months. On April 30, 2012, the Court entered a discovery scheduling order; discovery is ongoing. As of July 31, 2012, plaintiffs have not specified an amount of alleged damages and the Court has not decided defendants' renewed motions to dismiss. The Court has also not determined if this case may proceed as a class action and has, therefore, not determined the size or scope of any class. As a result, ACE is unable to reasonably estimate the potential loss or range of losses, if any, arising from this litigation. There are a number of federal actions brought by policyholders based on allegations similar to the allegations in the consolidated federal actions that were filed in, or transferred to, the United States District Court for the District of New Jersey for coordination ("tag-along cases"). On October 17, 2011, the Court lifted the stay and indicated that it will issue a new scheduling order. On April 30, 2012, the Court entered a discovery scheduling order; discovery is ongoing. * New Cingular Wireless Headquarters LLC et al. v. Marsh & McLennan Companies, Inc. et al. (Case No. 06-5120; D.N.J.), was originally filed in the Northern District of Georgia on April 4, 2006. ACE Limited, ACE American Ins. Co., ACE USA, Inc., ACE Bermuda Insurance Ltd., Illinois Union Ins. Co., Pacific Employers Ins. Co., and Lloyd's of London Syndicate 2488 AGM, along with a number of other insurers and brokers, are named. * Avery Dennison Corp. v. Marsh & McLennan Companies, Inc. et al. (Case No. 07-00757; D.N.J.) was filed on February 13, 2007. ACE Limited, ACE INA Holdings Inc., ACE USA, Inc., and ACE American Insurance Co., along with a number of other insurers and brokers, are named. * Henley Management Co., Inc. et al. v. Marsh, Inc. et al. (Case No. 07-2389; D.N.J.) was filed on May 27, 2007. ACE USA, Inc., along with a number of other insurers and Marsh, Inc., are named. * Sears, Roebuck & Co. et al. v. Marsh & McLennan Companies, Inc. et al. (Case No. 07-2535; D.N.J.) was originally filed in the Northern District of Georgia on October 12, 2007. ACE American Insurance Co., ACE Bermuda Insurance Ltd., and Westchester Surplus Lines Insurance Co., along with a number of other insurers and brokers, are named. * Lincoln Adventures LLC et al. v. Those Certain Underwriters at Lloyd's, London Members of Syndicates 0033 et al. (Case No. 07-60991; D.N.J.) was originally filed in the Southern District of Florida on July 13, 2007. Supreme Auto Transport LLC et al. v. Certain Underwriters of Lloyd's of London, et al. (Case No. 07-6703; D.N.J.) (Supreme Auto) was originally filed in the Southern District of New York on July 25, 2007. Lloyd's of London Syndicate 2488 AGM, along with a number of other Lloyd's of London Syndicates and various brokers, are named in both actions. The allegations in these putative class-action lawsuits are similar to the allegations in the consolidated federal actions, although these lawsuits focus on alleged conduct within the London insurance market. On May 29, 2012, the Supreme Auto case was voluntarily dismissed without prejudice by the plaintiffs. As of July 31, 2012, plaintiffs have not specified an amount of alleged damages in any of the remaining tag-along cases. The proceedings in the tag-along cases were stayed at a very early stage, before the ACE defendants could challenge the sufficiency of the claims with, for example, motions to dismiss. Also, the scope of the tag-along cases, in large part, will be affected by the outcome of the Multidistrict Litigation Court's decision on defendants' renewed motions to dismiss. As a result, ACE is unable to reasonably estimate the potential loss or range of losses, if any, arising from these litigations. In addition to the related federal cases, there are two state cases with allegations similar to those in the consolidated federal actions: * Van Emden Management Corporation v. Marsh & McLennan Companies, Inc., et al. (Case No. 05-0066A; Superior Court of Massachusetts), a class action in Massachusetts, was filed on January 13, 2005. Illinois Union Insurance Company is named. The Van Emden case has been stayed pending resolution of the consolidated proceedings in the District of New Jersey or until further order of the Court. As of July 31, 2012, plaintiffs have not specified an amount of alleged damages in this case. The proceedings were stayed at a very early stage, before Illinois Union could challenge the sufficiency of the claims with, for example, a motion to dismiss. As a result, ACE is unable to reasonably estimate the potential loss or range of losses, if any, arising from this litigation. * State of Ohio, ex. rel. Marc E. Dann, Attorney General v. American Int'l Group, Inc. et al. (Case No. 07-633857; Court of Common Pleas in Cuyahoga County, Ohio) is an Ohio state action filed by the Ohio Attorney General on August 24, 2007. ACE INA Holdings Inc., ACE American Insurance Co., ACE Property & Casualty Insurance Co., Insurance Company of North America, and Westchester Fire Insurance Co., along with a number of other insurance companies and Marsh, are named. In December 2011 the ACE parties agreed to settle the case for $1.97 million. On December 27, 2011, the case was voluntarily dismissed with prejudice. In all of the lawsuits, except where specifically noted, plaintiffs seek compensatory and in some cases special damages without specifying an amount. As a result, ACE cannot at this time estimate its potential costs related to these legal matters and, accordingly, no liability for compensatory damages has been established in the consolidated financial statements. ACE says its ultimate liability for these matters is not likely to have a material adverse effect on its consolidated financial condition, although it is possible that the effect could be material to ACE's consolidated results of operations for an individual reporting period. ANZ BANK: Court Begins Hearing on Overdraft Fee Class Action ------------------------------------------------------------ Agence France-Presse reports that an Australian court began hearing what is said to be the country's largest class action case on Aug. 14 with tens of thousands of consumers fighting back against US$231 million in bank fees. The lawsuit against the Australia and New Zealand Banking Group (ANZ) is part of a larger class action against eight major lenders, with 170,000 consumers alleging that their penalty charges are excessive and illegal. Lead lawyer Andrew Watson said the case, which could have huge ramifications for consumers, would claim that fees for services like account overdrawals were "out of all proportion" to what it costs to provide them. "The banks have been charging excessive fees for many years now and this case will be a real test in the High Court of the extent of the doctrine of penalties," Mr. Watson told ABC television. "We're arguing for an expanded doctrine, one which looks at the reality of these transactions." Mr. Watson said a win would have "incredible implications" for the 170,000 customers who had joined what is said to be Australia's largest class action, asking that the banks repay AUD220 million in "extravagant" penalty fees. "More broadly it will have an impact on banking customers right across Australia, and for consumers in relation to all sorts of transactions," he said. According to documents filed with the High Court on behalf of 38,000 ANZ customers, the case hinges on a "variety of fees for overdrafts, overdrawn accounts, dishonor fees and overlimit credit card accounts". The lower-level Federal Court ruled in December that only four classes of fees falling under ANZ's late payment schedule relating to credit cards merited being characterized as a "penalty" that could be contested in court. ANZ was cleared over four other classes covering over-drawing from accounts and having insufficient funds to make scheduled payments, in the case first launched in 2010. Maurice Blackburn, the legal firm representing the customers, has appealed to the High Court seeking a broader finding of what constitutes a penalty in the hopes of expanding the case against the banks. ANZ had welcomed the earlier ruling, which was largely in its favor, and said it would vigorously defend itself. AT&T TELEHOLDINGS: Faces Class Action Over Onerous Lunch Policy --------------------------------------------------------------- Jack Bouboushian at Courthouse News Service reports that AT&T enforces such grim conditions on lunch breaks -- no reading, no music, no heat or air-conditioning, guard the manholes -- that it's no break at all, technicians say in a federal class action. Lead plaintiff Deborah Sturgeon says AT&T's lunch policy is so onerous, it encourages technicians to work through their break without pay. Sturgeon and 10 other named plaintiffs from Indiana sued AT&T Teleholdings, Indiana Bell, Ameritech Services and AT&T Services. The technicians do a variety of jobs, including underground cable or manhole work and installing Internet, telephone and cable services. They work 8- to 9-hour shifts, with an unpaid lunch break of 30 to 60 minutes. It's hardly a break though, the class claims: "First, technicians assigned to underground cable (or manhole work) are subject to the specific restriction that they must remain at the site of the manhole and guard it throughout the lunch break. "Second, technicians not assigned to manhole work may eat their lunches at eating establishments outside of their vehicles, but under heavy restriction as to where. Specifically, they are required to break while en route from one assigned job site to another along GPS-monitored routes prescribed by the company, and are prohibited from deviating more than one-half mile from those routes (even in rural areas). "Leaving the prescribed route by more than the half mile permitted during the lunch break is grounds for discipline; yet more often than not, finding a place to eat within the half mile is difficult to impossible. "Third, technicians may eat packed lunches in the company vehicle rather than attempting to find an establishment within the prescribed radius from their routes, but rules designed and enforced to preserve the company's public image prohibit them -- after the few minutes that consuming the packed lunch typically requires -- from using the remainder of the 30 to 60 minute unpaid lunch break for any personal activities such as reading newspapers, magazines, or books in the vehicle, napping or using personal laptops or CD players, etc. "Further, and regardless or the weather, AT&T Midwest does not permit these technicians to idle their vehicles, and hence prohibits their use of heating or air conditioning in the vehicle during the course of the unpaid lunch break." Breaking any of these rules can get them disciplined, the class claims. And, they say, AT&T's performance evaluation ranking system "puts the technicians under significant pressure to work through the unpaid lunch breaks in order to complete as many jobs as possible in each work shift." "In combination, the company's restrictions on movement and activities during the unpaid lunch break and its productivity measurement system put pressure on the technicians to work through all or part of the lunch break without pay (rather than sitting in a potentially cold or overheated vehicle doing nothing)." The class seeks an injunction and punitive damages for violations of the Fair Labor Standard Act, and violations of Indiana's wage and record-keeping laws. A copy of the Complaint in Sturgeon, et al. v. AT&T Teleholdings, Inc., Case No. 12-cv-01099 (S.D. Ind.), is available at; http://www.courthousenews.com/2012/08/14/AT&TCA.pdf The Plaintiffs are represented by: Kimberly D. Jeselskis, Esq. JESELSKIS LAW OFFICES, LLC 6515 East 82nd Street, Suite 207 Indianapolis, IN 46250 Telephone: (317) 596-1000 E-mail: kjeselskis@kdjlegal.com AVON PRODUCTS: Awaits Ruling on Bid to Dismiss Consolidated Suit ---------------------------------------------------------------- Avon Products, Inc. is awaiting a court decision on its motion to dismiss a consolidated shareholder class action lawsuit, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In April 2012, several purported shareholders' actions were filed against the Company and certain present or former directors of the Company in New York Supreme Court, New York County (Pritika v. Jung, et al., Index No. 651072/2012; Feinman v. Avon Products, Inc., et al., Index No. 651087/2012; Gaines v. Jung, et al., Index No. 651097/2012; Schwartz v. Avon Products, Inc., et al., 651152/2012; Robaczynki, individually and on behalf of all others similarly situated and derivatively on behalf of Avon Products, Inc. v. Jung, et al., Index No. 651176/2012). On April 26, 2012, the actions were consolidated in New York Supreme Court, New York County (In re Avon Products, Inc. Shareholder Litigation, Consolidated Index No. 651087/2012E). An amended consolidated complaint was filed on May 18, 2012. The amended consolidated complaint asserts a derivative claim against the individual defendants based on alleged breaches of fiduciary duties. The Company is named as a nominal defendant on the purported derivative claim, and no relief appears to be sought against the Company on that claim. The amended consolidated complaint also asserts a direct claim on behalf of a class of shareholders against the individual defendants based on alleged breaches of fiduciary duties. Plaintiffs seek compensatory damages as well as injunctive relief. On June 27, 2012, defendants moved to dismiss the consolidated action. In light of, among other things, the early stage of the litigation, the Company says it is unable to predict the outcome of the class action claim and are unable to make an estimate of the amount or range of loss that it is reasonably possible that the Company could incur from an unfavorable outcome. Avon Products, Inc. is a manufacturer and marketer of beauty and related products. The Company's corporate headquarters is in New York City. AVON PRODUCTS: Awaits Ruling on Bid to Dismiss Shareholder Suit --------------------------------------------------------------- Avon Products, Inc. is awaiting a court decision on its motion to dismiss a purported shareholder class action lawsuit pending in New York, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On July 6, 2011, a purported shareholder's class action complaint (City of Brockton Retirement System v. Avon Products, Inc., et al., No. 11-CIV-4665) was filed in the United States District Court for the Southern District of New York against certain present or former officers and/or directors of the Company. On September 29, 2011, the Court appointed LBBW Asset Management Investmentgesellschaft mbH and SGSS Deutschland Kapitalanlagegesellschaft mbH as lead plaintiffs and Motley Rice LLC as lead counsel. Lead plaintiffs have filed an amended complaint on behalf of a purported class consisting of all persons or entities who purchased or otherwise acquired shares of Avon's common stock from July 31, 2006, through and including October 26, 2011. The amended complaint names the Company and two individual defendants and asserts violations of Sections 10(b) and 20(a) of the Exchange Act based on allegedly false or misleading statements and omissions with respect to, among other things, the Company's compliance with the Foreign Corrupt Practices Act ("FCPA"), including the adequacy of the Company's internal controls. Plaintiffs seek compensatory damages as well as injunctive relief. Defendants moved to dismiss the amended complaint on June 14, 2012. In light of, among other things, the early stage of the litigation, the Company says it is unable to predict the outcome of this matter and is unable to make an estimate of the amount or range of loss that it is reasonably possible that it could incur from an unfavorable outcome. Avon Products, Inc. is a manufacturer and marketer of beauty and related products. The Company's corporate headquarters is in New York City. CANON USA: Recalls 68,200 of EOS Rebel T4i Digital Cameras ---------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Canon U.S.A., Inc., of Lake Success, New York, announced a voluntary recall of about 68,200 units of EOS Rebel T4i Digital SLR Cameras. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. A chemical used in the camera's rubber grips can result in a reaction that changes the grips from black to white and poses a risk of skin irritation to the consumer. Canon U.S.A., Inc. has received one report of a consumer who developed a minor rash after contact with a surface where the camera had been. This recall involves EOS Rebel T4i digital SLR cameras with a 12- digit serial number that contain a second digit that is a "3" or "4" and a sixth digit that is a "1." Serial numbers are printed on the bottom of the camera. The Canon logo and the model name are printed on the front of the camera. A picture of the recalled products is available at: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12246.html The recalled products were manufactured in Japan and sold at B&H Photo, Best Buy and camera and mass merchandise stores nationwide and Amazon.com and other online retailers between June 2012 and July 2012 for between $850 and $1,200. Consumers should immediately stop using the recalled cameras and contact Canon U.S.A. to have replacement rubber grips installed free of charge. For additional information, contact the firm toll-free at (855) 902-3277 between 8:00 a.m. to midnight Eastern Time Monday through Friday, 10:00 a.m. to 8:00 p.m. Eastern Time Saturday, or visit the firm's Web site at http://www.usa.canon.com/ CENTERPOINT ENERGY: To Seek Dismissal From Two Remaining Cases -------------------------------------------------------------- Centerpoint Energy Resources Corp. will continue to pursue dismissal from two pending cases alleging violations of state and federal antitrust laws in connection with the operation of natural gas markets in 2000-2002, according to the Company's August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended June 30, 2012. A large number of lawsuits were filed against numerous gas market participants in a number of federal and western state courts in connection with the operation of the natural gas markets in 2000- 2002. CenterPoint Energy's former affiliate, Reliant Resources, Inc. (RRI), was a participant in gas trading in the California and Western markets. These lawsuits, many of which have been filed as class actions, allege violations of state and federal antitrust laws. Plaintiffs in these lawsuits are seeking a variety of forms of relief, including, among others, recovery of compensatory damages (in some cases in excess of $1 billion), a trebling of compensatory damages, full consideration damages and attorneys' fees. CenterPoint Energy and/or Reliant Energy were named in approximately 30 of these lawsuits, which were instituted between 2003 and 2009. CenterPoint Energy and its affiliates have been released or dismissed from all but two of such cases. CenterPoint Energy Services, Inc. (CES), a subsidiary of CERC Corp., is a defendant in a case now pending in federal court in Nevada alleging a conspiracy to inflate Wisconsin natural gas prices in 2000-2002. In July 2011, the court issued an order dismissing the plaintiffs' claims against the other defendants in the case, each of whom had demonstrated Federal Energy Regulatory Commission jurisdictional sales for resale during the relevant period, based on federal preemption. The plaintiffs have appealed this ruling to the United States Court of Appeals for the Ninth Circuit. Additionally, CenterPoint Energy was a defendant in a lawsuit filed in state court in Nevada that was dismissed in 2007, but in March 2010 the plaintiffs appealed the dismissal to the Nevada Supreme Court. CenterPoint Energy believes that neither it nor CES is a proper defendant in these remaining cases and will continue to pursue dismissal from those cases. CenterPoint Energy does not expect the ultimate outcome of these remaining matters to have a material impact on its financial condition, results of operations or cash flows. CENTERPOINT ENERGY: Dismissal From Gas Mismeasurement Suit Sought ----------------------------------------------------------------- Centerpoint Energy Resources Corp. disclosed in its August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended June 30, 2012, that plaintiffs in two gas mismeasurement lawsuits have filed a motion to dismiss certain defendants from their lawsuits, including CenterPoint Energy defendants. CERC Corp. and certain of its subsidiaries are defendants in two mismeasurement lawsuits brought against approximately 245 pipeline companies and their affiliates pending in state court in Stevens County, Kansas. In one case (originally filed in May 1999 and amended four times), the plaintiffs purport to represent a class of royalty owners who allege that the defendants have engaged in systematic mismeasurement of the volume of natural gas for more than 25 years. The plaintiffs amended their petition in this lawsuit in July 2003 in response to an order from the judge denying certification of the plaintiffs' alleged class. In the amendment, the plaintiffs dismissed their claims against certain defendants (including two CERC Corp. subsidiaries), limited the scope of the class of plaintiffs they purport to represent and eliminated previously asserted claims based on mismeasurement of the British thermal unit (Btu) content of the gas. The same plaintiffs then filed a second lawsuit, again as representatives of a putative class of royalty owners in which they assert their claims that the defendants have engaged in systematic mismeasurement of the Btu content of natural gas for more than 25 years. In both lawsuits, the plaintiffs seek compensatory damages, along with statutory penalties, treble damages, interest, costs and fees. In September 2009, the district court in Stevens County, Kansas, denied plaintiffs' request for class certification of their case and, in March 2010, denied the plaintiffs' request for reconsideration of that order. In July 2012, the plaintiffs filed a motion to dismiss certain defendants from both lawsuits, including the remaining CenterPoint Energy defendants. CERC believes that there has been no systematic mismeasurement of gas and that these lawsuits are without merit. CERC does not expect the ultimate outcome of the lawsuits to have a material impact on its financial condition, results of operations or cash flows. CLIF BAR: Recalls Mislabeled Blueberry Crisp CLIF(R) Bars --------------------------------------------------------- Clif Bar & Company is initiating a voluntary recall of a small amount of 12-pack Blueberry Crisp CLIF(R) Bars and individual mislabeled Blueberry Crisp CLIF Bars in Chocolate Chip CLIF Bar Wrappers with one "Best By" date 17MAR13G3 that were distributed to a limited number of stores predominately east of the Mississippi. The 12-packs may contain Blueberry Crisp CLIF Bars that are mislabeled with Chocolate Chip CLIF Bar wrappers and do not list almonds in the ingredient statement. Clif is taking this precautionary safety step for people who are allergic to almonds. A small quantity of Blueberry Crisp CLIF Bars was inadvertently placed in Chocolate Chip CLIF Bar wrappers and these mislabeled bars were placed inside correctly labeled Blueberry Crisp CLIF Bar 12-pack boxes. The Chocolate Chip CLIF Bar wrappers contain advisory allergen labeling which states that the product may contain traces of tree nuts. Only the product meeting the following criteria is affected: * 12-pack boxes of Blueberry Crisp CLIF Bars with "Best By" date 17MAR13G3 UPC: 7-22252-30260-1 * Blueberry Crisp CLIF Bars mislabeled in Chocolate Chip CLIF Bar individual wrappers with the same "Best By" date 17MAR13G3 * UPC: 7-22252-10090-0 Pictures of the recalled products are available at: http://www.fda.gov/Safety/Recalls/ucm315531.htm NO other CLIF Bar products, pack sizes, flavors or "Best By" date codes are affected. The company is strongly advising consumers who have almond allergies not to consume these mislabeled bars with "Best By" date 17MAR13G3 and discard them to avoid the possibility of an allergic reaction. People with an allergy to almonds run the risk of serious or life-threatening allergic reaction. No allergic reactions have been reported to date. Consumers with questions or who would like replacement coupons may call 888-992-6227, 8:00 a.m. - 5:00 p.m. Pacific Daylight Time, Monday-Friday. Details also can be found at http://www.clifbar.com/almond/ Clif Bar & Company says it cares deeply about the health and safety of consumers. The Company apologizes for this inadvertent labeling error. CONAGRA FOODS: Sued Over False Claims on Parkay Spray Butter ------------------------------------------------------------ Courthouse News Service reports that ConAgra Foods pushes its Parkay Spray Butter with false claims that it's "fat free" and "calorie free," though it has 832 calories and 93 grams of fat per bottle, a class action claims in Federal Court. A copy of the Complaint in Trewhitt v. ConAgra Foods, Inc., Case No. 12-cv-00287 (D. Neb.), is available at: http://www.courthousenews.com/2012/08/14/Butter.pdf The Plaintiff is represented by: Ureka E. Idstrom, Esq. THE EUREKA LAW FIRM 6744 Holmes Road Kansas City, MO 64131 Telephone: (816) 665-3515 E-mail: uidstrom@eurekalawfirm.com - and - Larry D. Wright, Esq. WRIGHT & FISHER 1000 Broadway Blvd. Fourth Floor Kansas City, MO 64105 Telephone: 816-471-7008 E-mail: larry@wrightandfisher.com DALE T. SMITH: Recalls 38,200 Pounds of Beef Products ----------------------------------------------------- Dale T. Smith and Sons Meat Packing, a Draper, Utah establishment, is recalling approximately 38,200 pounds of beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced. The following products are subject to recall: * Various weight combo bins of Boneless Beef "50/50," "85/15," "90/10," "93/07" or "95/05" produced on August 7, 2012. * Various weight boxes of primal cuts, subprimal cuts and boxed beef produced on August 7, 2012. Each box bears a label with the identifying package date of "08/07/2012" as well as the establishment number "EST. 4975" inside the USDA mark of inspection. The products subject to recall were distributed to wholesale and retail establishments in California and Salt Lake City, Utah. It is important to note that the products were destined for further processing and may not bear "EST. 4975" on the products available for direct consumer purchase. When available, the retail distribution list(s) will be posted on FSIS' Web site at: http://www.fsis.usda.gov/FSIS_Recalls/Open_Federal_Cases/index.asp The problem was discovered through lab testing conducted by USDA's Agricultural Marketing Service, which confirmed positive results for E. coli O157:H7, and may have occurred as a result of a refrigeration malfunction. The company is recalling all beef products produced on August 7, 2012, because of a strong potential for cross contamination during production. FSIS and the company have received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a healthcare provider. FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and to ensure that steps are taken to make certain that the product is no longer available to consumers. E. coli O157:H7 is a potentially deadly bacterium that can cause bloody diarrhea, dehydration, and in the most severe cases, kidney failure. The very young, seniors and persons with weak immune systems are the most susceptible to foodborne illness. FSIS advises all consumers to safely prepare their raw meat products, including fresh and frozen, and only consume ground beef that has been cooked to a temperature of 160 degrees F. The only way to confirm that ground beef is cooked to a temperature high enough to kill harmful bacteria is to use a food thermometer that measures internal temperature. Consumers and media with questions regarding the recall should contact the company's Plant Manager, Mike Smith, at (801) 571- 3611. Consumers with food safety questions can "Ask Karen," the FSIS virtual representative available 24 hours a day at www.AskKaren.gov or via smartphone at m.askkaren.gov. "Ask Karen" live chat services are available Monday through Friday from 10:00 a.m. to 4:00 p.m. Eastern Time. The toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in English and Spanish and can be reached from l0:00 a.m. to 4:00 p.m. (Eastern Time) Monday through Friday. Recorded food safety messages are available 24 hours a day. DEX ONE: Awaits Court Approval of $2.1MM ERISA Suit Settlement -------------------------------------------------------------- Dex One Corporation is awaiting court approval of a $2.1 million settlement of a class action lawsuit filed against its subsidiaries alleging violations of the Employee Retirement Income Security Act of 1974, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On December 7, 2009, a putative ERISA class action lawsuit was commenced in the United States District Court for the Northern District of Illinois on behalf of certain participants in, or beneficiaries of, the R.H. Donnelley 401(k) Savings Plan at any time between July 26, 2007, and January 29, 2010 and whose plan accounts included investments in R.H. Donnelley common stock. R.H. Donnelley Corporation and R.H. Donnelley Inc. are direct wholly-owned subsidiaries of Dex One Corporation. The putative ERISA class action complaint contains allegations against certain current and former directors, officers and employees similar to those set forth in the Securities Class Action Complaint as well as allegations of breaches of fiduciary duties under ERISA and seeks damages and equitable relief. The Company is not named as a defendant in this ERISA class action. On June 21, 2012, the parties to the ERISA class action lawsuit entered into a memorandum of understanding containing the essential terms of a settlement of all disputes between them. On July 9, 2012, a formal settlement agreement and release was filed with the court. Pursuant to the settlement agreement and release, in exchange for a complete release of all claims, the Company's fiduciary liability insurers will create a $2.1 million settlement fund for the benefit of the settlement class. The Company is not making any financial contribution to the settlement fund. The settlement agreement and release is subject to final court approval, which the Company expects to receive during the second half of 2012. DEX ONE: Settlement in Suit vs. Ex-Officers Approved in June ------------------------------------------------------------ A settlement resolving a securities class action lawsuit against Dex One Corporation's former officers was approved in June 2012, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Beginning on October 23, 2009, a series of putative securities class action lawsuits were commenced against certain former Company officers in the United States District Court for the District of Delaware on behalf of all persons who purchased or otherwise acquired the Company's publicly traded securities between July 26, 2007, and the time the Company filed for bankruptcy on May 28, 2009, alleging that such officers issued false and misleading statements regarding the Company's business and financial condition and seeking damages and equitable relief. On August 19, 2010, an amended consolidated class action complaint was filed as the operative securities class action complaint (the "Securities Class Action Complaint"). The Company is not named as a defendant in the Securities Class Action Complaint. On December 30, 2011, the parties to the Securities Class Action Complaint entered into a memorandum of understanding containing the essential terms of a settlement of all disputes between them. On February 17, 2012, a formal stipulation of settlement was filed with the court. Pursuant to the stipulation of settlement, in exchange for a complete release of all claims, the Company's director's and officer's liability insurers will create a $25 million settlement fund for the benefit of the settlement class. The Company is not making any financial contribution to the settlement fund. The stipulation of settlement was approved by the court on June 19, 2012. DISH NETWORK: Sup. Ct. Review of Suit Dismissal Ruling Sought ------------------------------------------------------------- Plaintiffs in an antitrust action against a unit of DISH Network Corporation filed a petition seeking review by the United States Supreme Court of a lower court decision dismissing their lawsuit with prejudice, according to the Company's August 10, 2012 Form 10-Q/A filing with the Securities and Exchange Commission for the quarter ended June 30, 2012. During 2007, a purported class of cable and satellite subscribers filed an antitrust action against DISH Network Corporation's wholly-owned subsidiary, DISH Network L.L.C., in the United States District Court for the Central District of California. The lawsuit also names as defendants DirecTV, Comcast, Cablevision, Cox, Charter, Time Warner, Inc., Time Warner Cable, NBC Universal, Viacom, Fox Entertainment Group and Walt Disney Company. The lawsuit alleges, among other things, that the defendants engaged in a conspiracy to provide customers with access only to bundled channel offerings as opposed to giving customers the ability to purchase channels on an "a la carte" basis. On October 16, 2009, the District Court entered an order granting the defendants' motion to dismiss with prejudice. On June 3, 2011, the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court's order. The plaintiff class sought rehearing en banc. On October 31, 2011, the Ninth Circuit issued an order vacating the previous June 3, 2011 order, directing that a 3-judge panel be reconstituted, and denying the plaintiff class' motion for rehearing. On March 30, 2012, the reconstituted panel of the Ninth Circuit again affirmed the District Court's order. On April 10, 2012, the plaintiff class again filed a petition for rehearing en banc, which was denied on May 4, 2012. On August 2, 2012, the plaintiff class filed a petition seeking review by the United States Supreme Court. The Company intends to vigorously defend this case. The Company cannot predict with any degree of certainty the outcome of the lawsuit or determine the extent of any potential liability or damages. DOW CHEMICAL: Unit's Pension Plan Made $122MM Settlement Payment ---------------------------------------------------------------- The pension plan of a unit of The Dow Chemical Company made settlement payments totaling $122 million during the second quarter of 2012, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In December 2005, a federal judge in the U.S. District Court for the Southern District of Indiana (the "District Court") issued a decision granting a class of participants in the Rohm and Haas Pension Plan (the "Rohm and Haas Plan") who had retired from Rohm and Haas Company ("Rohm and Haas"), now a wholly owned subsidiary of the Company, and who elected to receive a lump sum benefit from the Rohm and Haas Plan, the right to a cost-of-living adjustment ("COLA") as part of their retirement benefit. In August 2007, the Seventh Circuit Court of Appeals (the "Seventh Circuit") affirmed the District Court's decision, and in March 2008, the U.S. Supreme Court denied the Rohm and Haas Plan's petition to review the Seventh Circuit's decision. The case was returned to the District Court for further proceedings. In October 2008 and February 2009, the District Court issued rulings that have the effect of including in the class all Rohm and Haas retirees who received a lump sum distribution without a COLA from the Rohm and Haas Plan since January 1976. These rulings are subject to appeal, and the District Court has not yet determined the amount of the COLA benefits that may be due to the class participants. The Rohm and Haas Plan and the plaintiffs entered into a settlement agreement that, in addition to settling the litigation with respect to the Rohm and Haas retirees, provides for the amendment of the complaint and amendment of the Rohm and Haas Plan to include active employees in the settlement benefits. The District Court preliminarily approved the settlement on November 24, 2009 and, following a hearing on March 12, 2010, issued a final order approving the settlement on April 12, 2010. A group of objectors to the settlement filed an appeal from the final order. In November 2010, the District Court issued an order approving class counsel's fee award petition in an amount consistent with the terms of the settlement. The same objectors also appealed this order. On September 2, 2011, the Seventh Circuit affirmed the approval of the settlement and award of attorneys' fees. A lone objector filed a petition for rehearing, which was denied on October 17, 2011. The objector continued the appeal process by timely filing a petition for a writ of certiorari to the U.S. Supreme Court, which was denied on April 16, 2012, rendering the settlement and award of attorneys' fees final. A pension liability associated with this matter of $185 million was recognized as part of the acquisition of Rohm and Haas on April 1, 2009. The liability, which was determined in accordance with the accounting guidance for contingencies, recognized the estimated impact of the judicial decisions on the long-term Rohm and Haas Plan obligations owed to the applicable Rohm and Haas retirees and active employees. The Company had a liability associated with this matter of $189 million at December 31, 2011. The Rohm and Haas Plan made settlement payments totaling $122 million during the second quarter of 2012. The Company's remaining liability for this matter was $67 million at June 30, 2012. Approximately 40 percent of the remaining liability is expected to be settled by the end of 2012 and the remaining liability will be resolved over time through the administration of the Rohm and Haas Plan. FMC CORP: Argument Over Indirect Purchase Claims Set for Oct. -------------------------------------------------------------- FMC Corporation is awaiting resolution by the Canadian Supreme Court of the viability of indirect purchaser claims, the argument of which is currently scheduled for October 2012, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. In 2005 after public disclosures of the U.S. federal grand jury investigation into the hydrogen peroxide industry (which resulted in no charges brought against the Company) and the filing of various class actions in U.S. federal and state courts, which have all been settled, putative class actions against the Company and five other major hydrogen peroxide producers were filed in provincial courts in Ontario, Quebec and British Columbia under the laws of Canada. The other five defendants have settled these claims for a total of approximately $20.6 million. On September 28, 2009, the Ontario Superior Court of Justice certified a class of direct and indirect purchasers of hydrogen peroxide from 1994 to 2005. The Company's motion for leave to appeal the class certification decision was denied in June 2010. Since then, the case has been largely dormant. In early 2012 the parties began a more detailed dialogue on discovery and at a hearing on April 5, 2012, they requested the judge to issue more specific guidance on document production. The court instead stayed the litigation pending resolution by the Canadian Supreme Court of the viability of indirect purchaser claims. The Canadian Supreme Court is scheduled to hear argument on that issue in October 2012. Since the proceedings are in the preliminary stages with respect to the merits, the Company says it is unable to develop a reasonable estimate of its potential exposure of loss at this time. The Company intends to vigorously defend these matters. FMC CORP: Defends Cross-Border Class Suit vs. Foret in Germany -------------------------------------------------------------- FMC Corporation continues to defend a cross-border class action lawsuit in Germany involving its subsidiary, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Multiple European purchasers of hydrogen peroxide who claim to have been harmed as a result of alleged violations of European competition law by hydrogen peroxide producers assigned their legal claims to a single entity formed by a law firm. The single entity then filed a lawsuit in Germany in March 2009 against European producers, including the Company's wholly-owned Spanish subsidiary, Foret. Initial defense briefs were filed in April 2010, and an initial hearing was held during the first quarter of 2011, at which time case management issues were discussed. At a subsequent hearing in October 2011, the Court indicated that it was considering seeking guidance from the European Court of Justice ("ECJ") as to whether the German courts have jurisdiction over these claims. After submission of written comments on this issue by the parties, on March 1, 2012, the judge announced that she would refer the jurisdictional issues to the ECJ. Such a reference to the ECJ normally takes 12-18 months for completion. Since the case is in the preliminary stages and is based on a novel procedure -- namely the attempt to create a cross-border "class action" which is not a recognized proceeding under the European Union or German law -- the Company says it is unable to develop a reasonable estimate of its potential exposure of loss at this time. The Company intends to vigorously defend this matter. FOREST OIL: Defends "Augenbaum" IPO-Related Suit in New York ------------------------------------------------------------ Forest Oil Corporation is defending a class action lawsuit styled Augenbaum v. Lone Pine Resources Inc. et al., in New York, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On May 25, 2012, a lawsuit, styled Augenbaum v. Lone Pine Resources Inc. et al., was brought as a purported class action in the Supreme Court of the State of New York, New York County against Forest, its then wholly-owned subsidiary, Lone Pine Resources Inc. ("Lone Pine"), certain of Lone Pine's current and former directors and officers (the "Individual Defendants"), and certain underwriters (the "Underwriter Defendants") of Lone Pine's initial public offering (the "IPO"), which was completed on June 1, 2011. The complaint alleges that Lone Pine's registration statement and prospectus issued in connection with the IPO contained untrue statements of material fact or omitted to state material facts relating to forest fires that occurred in Northern Alberta in May 2011 and the rupture of a third party oil sales pipeline in Northern Alberta in April 2011 and the impact of those events on Lone Pine, that the alleged misstatements or omissions violated Section 11 of the Securities Act of 1933 (the "Securities Act"), and that Lone Pine, the Individual Defendants, and the Underwriter Defendants are liable for such violations. The complaint further alleges that the Underwriter Defendants offered and sold Lone Pine's securities in violation of Section 12(a)(2) of the Securities Act, and the putative class members seek rescission of the securities purchased in the IPO that they continue to own and rescissionary damages for securities that they have sold. Finally, the complaint asserts a claim against Forest under Section 15 of the Securities Act, alleging that Forest was a "control person" of Lone Pine at the time of the IPO. The complaint alleges that the putative class, which purchased shares of Lone Pine's common stock pursuant and/or traceable to Lone Pine's registration statement and prospectus, was damaged when the value of the stock declined in August 2011. The complaint does not specify the amount of such damages. Lone Pine has existing obligations to indemnify Forest, the Individual Defendants, and the Underwriter Defendants in connection with the lawsuit. Forest believes that these claims are without merit and intends to defend the claim against it vigorously. FOX ENTERTAINMENT: Interns Seek to Expand Class Action ------------------------------------------------------ Dominic Patten, writing for Deadline Hollywood, reports that a hearing in Manhattan on August 24 could significantly enlarge the class action suit two Black Swan interns brought last year against Fox Searchlight. In an order made public on Aug. 13, Judge William Pauley III has agreed to a conference next week on Alex Footman and Eric Glatt's request to amend their suit. "Plaintiffs will seek to broaden the scope of the case to include all interns who participated in Fox Entertainment Group's ('FEG's") internship program," wrote their lawyer Rachel Bien in an August 2 memo to the judge. The duo also want to separate the class of interns for their suit into "Corporate Interns," those who worked through the FEG program, and "Production Interns," those who worked on films that Fox Searchlight co-produced. To that end the amended suit will add two new plaintiffs, Eden Antalik and Kanene Gratts. The former worked through the FEG program and the latter worked on 2009's (500) Days of Summer, a Searchlight co-produced film. The legal documents also state that "Ms. Gratts would seek to bring classwide claims under California's Unfair Competition law for unpaid minimum wages on behalf of Production Interns who worked in California." Fox had no comment on Aug. 13 on the potential expansion of the suit. Messrs. Footman and Glatt took their action on behalf of themselves and more than 100 Fox Searchlight interns last September to seek back wages for work that they did that they feel they should have been paid for. Then suit also aimed to cease what it says is the studio's incorrect use of students for what is supposed to be training similar to that provided by an educational institution, not getting coffee and other grunt work. Early last October, after the initial suit was filed, Fox fired back that the two were never actually Searchlight interns and were actually working for Black Swan director Darren Aronofsky's production company. "These are completely meritless claims aimed solely at getting press coverage for the litigants and their attorneys," Fox said. Fox Searchlight isn't the only company put under the intern spotlight recently. In March of this year, former Charlie Rose Show intern Lucy Bickerton filed a class action suit against the PBS show alleging it exploits its interns. Messrs. Footman and Glatt are represented by Rachel Bein and Adam T. Klein of New York firm Outten & Golden LLP. GARDEN FRESH: FSIS Lists Stores That Received Recalled Products --------------------------------------------------------------- The U.S. Department of Agriculture's Food Safety and Inspection Service disclosed that certain stores in various states received meat and poultry salad products that have been recalled by Garden Fresh Foods. The FSIS says the list of store locations may not include all retail locations that have received the recalled product or may include retail locations that did not actually receive the recalled product. Therefore, the FSIS says, it is important that consumers use the product-specific identification information available at http://is.gd/KCamZO,in addition to the list of retail stores, to check meat or poultry products in the consumers' possession to see if they have been recalled. Nationwide, State-Wide, or Area-Wide Distribution ------------------------------------------------- Retailer Name Location ------------- -------- Cermak Fresh Market Stores in greater Chicago, IL area and Cermak Produce Coborn's Stores throughout MN, ND, and SD Festival Foods Stores throughout MN and WI Harding's Stores throughout MI Jewel Foods Stores throughout IL, IN, IA Marsh Supermarket Stores throughout IN and OH Martin's Food Market Stores throughout IN Piggly Wiggly Stores throughout WI Sentry Stores throughout WI Super One Stores throughout MI, MN, ND, and WI SuperValu Stores throughout IN, MI, and WI Target All stores nationwide Weis Stores throughout MD, NJ, NY, PA & WV Specific Store-Wide Distribution (Stores and Location) ------------------------------------------------------ Retailer Name City and State ------------- -------------- Joe Caputo & Sons Algonquin, Illinois Valli Produce Arlington Heights, Illinois Prisco's Aurora, Illinois Woodman's Aurora, Illinois Walt's Beecher Beecher, Illinois Edmar Foods Grocery Store Bensenville, Illinois Village Market Place Carol Stream, Illinois Woodman's Carpenterville, Illinois A & G Chicago, Illinois Edgewater Produce Chicago, Illinois Family Fruit Market Chicago, Illinois Family Pride Chicago, Illinois Gene's Sausage Shop Chicago, Illinois Harvest Time Chicago, Illinois Hyde Park Chicago, Illinois L & P Provisions Chicago, Illinois Market Place Chicago, Illinois Pete's Produce W 87th St., Chicago, Illinois Pete's Produce E 87th St., Chicago, Illinois Potash Bros Chicago, Illinois Shop & Save Chicago, Illinois Treasure Island Chicago, Illinois Super Marcado Torres Cicero, Illinois Crete County Market Crete, Illinois Joseph's Marketplace Virginia St., Crystal Lake, IL Joseph's Marketplace Crystal L. Plaza, Crystal Lake, IL Inbodens Meats Dekalb, Illinois Dixmoor Fruit & Meat Mkt. Dixmoor, Illinois Angelo's Foods Downersgrove, Illinois Elgin Fresh Market Mcclean Blvd., Elgin, Illinois Elgin Fresh Market Summit St., Elgin, Illinois Cub Foods Freeport, Illinois Valli Produce Glendale Heights, Illinois Valli Produce Hoffman Estates, Illinois Walt's Homewood Homewood, Illinois Angelo's Foods Johnsburg, Illinois Lincolnwood Produce Lincolnwood, Illinois Berkot's Lockport, Illinois Valli Produce Loves Park, Illinois Angelo's Foods Mchenry, Illinois Montgomery Marketplace Montgomery, Illinois Produce World Dempster, Mornton Grove, Illinois Produce World Waukegan Rd., Morton Grove, IL The Meat Shop Mundelein, Illinois H Mart Naperville, Illinois 7-Eleven New Lenox, Illinois Fresh Farms Int'l Market Niles, Illinois H Mart Niles, Illinois Produce World Norridge, Illinois Bizio's Fresh Market Deli Olympia Fields, Illinois Eurofresh Market Palatine, Illinois Morning Fields Park Ridge, Illinois Tischler Market Plainfield, Illinois Van's Supermarket Richmond, Illinois Woodman's Rockford, Illinois Main Street Meat Company Roscoe, Illinois Pik-Kwik Foods Roselle, Illinois Sullivan's Savanna, Illinois Seneca Foods Seneca, Illinois Village Market Place Skokie, Illinois Eurofresh Market Tinley Park, Illinois Super Fresh Waukegan, Illinois Westbrook Grocery Store Westmont, Illinois 7-Eleven Willowbrook, Illinois Lassak Market Willowbrook, Illinois Grand Food Center Winnatka, Illinois Lakeside Foods Winnetka, Illinois Wisted's Supermarket Woodstock, Illinois Wilson Farm Market Arcadia, Indiana O'Malia Bloomington, Indiana O'Malia Carmel, Indiana Park-N-Shop Culver, Indiana Manley Meats Decatur, Indiana Fresh County Market Gary, Indiana O'Malia N N.J. St., Indianapolis, IN O'Malia Meridian St., Indianapolis, IN Hardings Friendly Market Middlebury, Indiana Groceries By Joe New Carlisle, Indiana Mike's Market Terre Haute, Indiana S&D Market Winamac, Indiana Houchen's Albany, Kentucky Ron's Deli Burgin, Kentucky IGA Burkesville, Kentucky California Marketplace California, Kentucky Remke's Crescent Spring, Kentucky Ken's New Market Cynthiana, Kentucky Hansman's Market Dayton, Kentucky Riverside Marketplace Dayton, Kentucky Remke's Florence, Kentucky Remke's Fort Mitchell, Kentucky Georgetown Cheese Store Georgetown, Kentucky Houchen's Glasgow, Kentucky Houchen's Hardinsburg, Kentucky Remke's Hebron, Kentucky Houchen's Horse Cave, Kentucky Houchen's Leitchfield, Kentucky Frank's Meat & Produce Louisville, Kentucky Valu Super Market Whittington Pky., Louisville KY Valu Super Market Outer Loop, Louisville, Kentucky Riverside Marketplace Ludlow, Kentucky Midway Corner Grocery Midway, Kentucky Valu Super Market Mt Washington, Kentucky Houchen's Munfordville, Kentucky Remke's Newport, Kentucky IGA Scherm Road, Owensboro, Kentucky IGA Carter Road, Owensboro, Kentucky IGA E 25th St., Owensboro, Kentucky Remke's 5016 Old T.M. Rd., Taylor Mill, KY Remke's 6016 Old T.M. Rd., Taylor Mill, KY IGA Virgie, Kentucky Village Food Market Allegan, Michigan Moscheck's Downriver Meat Allen Park, Michigan IGA Alma, Michigan D&D Groceries Alpena, Michigan Mohawk Superette Alpena, Michigan Neiman's Market Alpena, Michigan Hiller's Ann Arbor, Michigan Huron's Finest Bad Axe, Michigan McDonalds Food Center Bad Axe, Michigan Beson's Market Bay City, Michigan Fruchey Family Market Beaverton, Michigan Better Health Bloomfield Hill, Michigan Brighton Super Market Brighton, Michigan Marv's Meats Brighton, Michigan Ben's Supermarket Brown City, Michigan Nehring's Market Burton, Michigan First Choice Meats Cadillac, Michigan Pat's Foods Calumet, Michigan Holiday Market Canton, Michigan Bunting's Cedar Market Cedar, Michigan Cedarville Foods Cedarville, Michigan Oleson's Charlevoix, Michigan Louie's Fresh Market Cheboygan, Michigan Boff's Quality Meats Chesterfield Township, Michigan Witbeck's Clare, Michigan Julian Bros Italian Baker Clawson, Michigan Nino's Clinton Township, Michigan Village Food Market Colon, Michigan Hiller's Commerce Township, Michigan IGA Crystal Falls, Michigan Alcamo's Market Dearborn, Michigan Dearborn Sausage Dearborn, Michigan V Gonella's Original Deli Dearborn, Michigan Pelham Market Dearborn Heights, Michigan New Center Gourmet Detroit, Michigan Savon Foods Supermarket Detroit, Michigan Carl's Market Dimondale, Michigan Dick's Food Market Dorr, Michigan Riverside Durand, Michigan Fresh Choice Market Eastpointe, Michigan Deering's Food Market Empire, Michigan Elmer's County Market Escanaba, Michigan Foster's Supermarket Evart, Michigan Fennville Main St. Market Fennville, Michigan Bueches Flushing, Michigan Curtis Grocery Fowlerville, Michigan Pat's Foods Freeland, Michigan Fruitport Orchard Fruitport, Michigan Handy Mart Garden City, Michigan Village Food Market Gobles, Michigan Food Castle Grand Blanc, Michigan Duthler's Family Foods Grand Rapids, Michigan Forest Hills Grand Rapids, Michigan G B Russo & Son Int'l Grand Rapids, Michigan Gene's Family Market Grant, Michigan Jorgi's Marketplace Greenville, Michigan Village Food Market Grosse Pointe, Michigan Pat's Foods Hancock, Michigan Steve's Country Market Harrison, Michigan D-Brothers Store Harrison Township, Michigan Metro Party Shoppe Harrison Township, Michigan Hawks Mini Mart Hawks, Michigan Chandler's Market Hemlock, Michigan Hillsdale Market Hillsdale, Michigan Russ' Commissary Holland, Michigan Honor Family Market Honor, Michigan Festival Foods Houghton, Michigan Econo Foods Houghton, Michigan Bird's Meat Market Howard City, Michigan Leppink Howard City, Michigan Howell Village Market Howell, Michigan Middletown Market Howell, Michigan Ken's Village Indian River, Michigan Angeli's Central Market Iron River, Michigan IGA N 2nd St., Ishpeming, Michigan IGA US Hwy. 41 W, Ishpeming, Michigan Beef Barn Jackson, Michigan M & B Corners Jackson, Michigan Polly's Spring Jackson, Michigan Prime Cuts Jackson, Michigan Riteway Party Store Jackson, Michigan Tiffany's Kalamazoo, Michigan Cherry Street Market Kalkaska, Michigan Nothland Foodcenter Kalkaska, Michigan Kinross Co-Op Kincheloe, Michigan Nothland Foodcenter Kingsley, Michigan Foster's Supermarket Lake City, Michigan Leppink Lakeview, Michigan Foodtown Lambertville, Michigan Howard's Meats Lambertville, Michigan Pat's Foods L'Anse, Michigan Leland Mercantile Leland, Michigan Kris Mart Lincoln, Michigan Value Center Livonia, Michigan Best Choice Market Ludington, Michigan Shop-N-Save Ludington, Michigan Gourmet Express Macomb, Michigan Value Center Madison Heights, Michigan Manchester Market Manchester, Michigan Wally's Marysville, Michigan Darrell's Supermarket Mason, Michigan The Vault Mason, Michigan Wingert's Mayville, Michigan Angeli's County Market Menominee, Michigan Metamora Foodland Metamora, Michigan Tim's Market Michigan Center, Michigan Middleville Market Middleville, Michigan Country Corners Grocery Midland, Michigan Milan City Market Milan, Michigan Frank's Meat Millington, Michigan Hi-Lite Supermkt - Deli Monroe, Michigan Montague Foods Montague, Michigan Ric's Mount Pleasant, Michigan Stahl's Mt. Clemens, Michigan Captain's Store Mt. Clemens, Michigan Muir Village Market Muir, Michigan IGA Munising, Michigan Hill Top Newaygo, Michigan Mac's Red Owl Newberry, Michigan Martin's Niles, Michigan Bryan's Super Market North Branch, Michigan Better Health Novi, Michigan Mert's Okemos, Michigan Pat's Foods Ontonagon, Michigan U Save Ontonagon, Michigan Bueches Ortonville, Michigan Louie's Fresh Market Oscoda, Michigan Uncle Boomba's Oxford, Michigan Pellston General Store Pellston, Michigan IGA Perry, Michigan Louie's Fresh Market Petoskey, Michigan Oleson's Petoskey, Michigan Hiller's Plymouth, Michigan Vic's Supermarket Reed City, Michigan Poindexter's Specialty Rockford, Michigan Romulus Market Place Romulus, Michigan IGA Roscommon, Michigan Dearborn Sausage Roseville, Michigan Fresh Approach Royal Oak, Michigan Martin's Saint Joseph, Michigan Jerry's Foodland Sandusky, Michigan Hollywood Shelby Township, Michigan Village Food Market South Haven, Michigan Eureka Farm Market Southgate, Michigan Fazer Foods Spalding, Michigan Leppink Spring Lake, Michigan Spring Lake Orchard Mkt. Spring Lake, Michigan Neiman's Market St. Clair, Michigan Nautical St. Clair Shores, Michigan Nino's St. Clair Shores, Michigan Louie's Fresh Market St. Helen, Michigan Roger's Foodland St. Joseph, Michigan Anderson's & Girls' Orch. Stanton, Michigan Martin's Stevensville, Michigan Central Meats Sturgis, Michigan Neiman's Market Tawas City, Michigan Deering's Food Market Traverse City, Michigan Max Bauer's Market Traverse City, Michigan Oleson's Hammond, Traverse City, Michigan Oleson's Long Lake Rd., Traverse City, MI TC Produce Market Traverse City, Michigan Tom's Bay Shore Dr., Traverse City, MI Tom's Munson Ave., Traverse City, MI Nino's Troy, Michigan Whistle Stop Grocery Union Pier, Michigan AJ's Meat Market Vestaburg, Michigan Hiller's Walled Lake, Michigan Value Center Warren, Michigan Bauman's Weidman, Michigan Hiller's West Bloomfield, Michigan Checkered Flag West Branch, Michigan Hill Top White Cloud, Michigan White Lake Country Market White Lake, Michigan Wagoner's White Pigeon, Michigan Tom's Williamsburg, Michigan Trentwood Farm Market Woodhaven, Michigan Jerry's Market Wyandotte, Michigan Shoppers Valley Wyondotte, Michigan Cub Foods Brooklyn Center, Minnesota Jerry's Foods Eden Prairie, Minnesota Woodland Marketplace Foods International Falls, Minnesota Teal's Market Milaca, Minnesota Village Market Deli Prior Lake, Minnesota Cub Foods Rogers, Minnesota Schutz Family Foods Deli Sleepy Eye, Minnesota Cub Foods St. Louis Park, Minnesota Dehmer's Meat Market St. Michael, Minnesota Cashwise Bismarck, North Dakota Cashwise Fargo, North Dakota Marketplace Foods Minot, North Dakota Convenient Akron, Ohio Freshway Valley Grocery Akron, Ohio Shaffer's Market Akron, Ohio Country Fresh Anderson, Ohio Gerwig's White Barn Ashland, Ohio IGA Bainbridge, Ohio IGA Canfield, Ohio Fisher Foods Harrison Avenue SW, Canton, Ohio Fisher Foods Cleveland Ave. NW, Canton, Ohio Fisher Foods Fulton Dr. NW, Canton, Ohio Fisher Foods Cleveland Ave. NW, Canton, Ohio Bistro S Chagrin Falls, Ohio Mazzulo's Butcher Block Chagrin Falls, Ohio Deer Park Cincinnati, Ohio Bigg's Cincinnati, Ohio Country Fresh Cincinnati, Ohio Marsh Hamilton Ave., Cincinnati, Ohio Marsh Northland, Cincinnati, Ohio Summit Meats Cincinnati, Ohio Clifton Constantino's Mkt Cleveland, Ohio Dave's Cleveland, Ohio Irene Dever Westside Mkt. Cleveland, Ohio K & K Portag Cleveland, Ohio Dave's Cleveland Heights, Ohio Halls Garden Gate Clyde, Ohio Anderson Columbus, Ohio Reider's Market Concord Twp, Ohio Groceryland Dayton, Ohio Green Farms East Canton, Ohio Marsh Eaton, Ohio Dave's Euclid, Ohio Marsh Fairfield, Ohio IGA Frankfort, Ohio Marsh Franklin, Ohio IGA Ft. Recovery, Ohio Geyer Galion Galion, Ohio Dave's Garfield Heights, Ohio IGA Hamilton, Ohio Marsh W Main St., Hamilton, Ohio Marsh Plaza Drive, Hamilton, Ohio Bigg's Harrison, Ohio Cornell's Food Huron, Ohio Kent Sunoco West Kent, Ohio Hatting's Market Mack, Ohio Wood's Grocery Malvern, Ohio Wayne's Market Mansfield, Ohio Convenient Maple Heights, Ohio Mutach's Market Marblehead, Ohio IGA Wales Ave. NW, Massillon, Ohio IGA Lincoln Way, Massillon, Ohio Anderson Maumee, Ohio Marsh Middletown, Ohio Cornerstone Market Munroe Falls, Ohio Romano's Farmers North Royalton, Ohio Anderson Northwood, Ohio Gardner's Norwalk, Ohio Redigo Food Mart Richmond St., Painesville, Ohio Redigo Food Mart Walnut Ave., Painesville, Ohio Gillombardo's Parma, Ohio S & R Produce Parma, Ohio Kazmaier's Perrysburg, Ohio Dave's Richmond Heights, Ohio Rittman Rittman, Ohio Pick'n Save S Zanesville, Ohio Rego's Grocery Strongsville, Ohio St Mary's Meats Swanton, Ohio Anderson Sylvania, Ohio Sautter Food Sylvania, Ohio Molyet's Farm Market Tiffin, Ohio Anderson Toledo, Ohio Monnette's Produce Market Toledo, Ohio Schorling's 5 Star Toledo, Ohio Zavotski Custom Meat Toledo, Ohio Marsh Troy, Ohio Best Stop Market Twinsburg, Ohio Marsh Union City, Ohio Steve's Market Urbana, Ohio Marsh Van Wert, Ohio Sautter Food Waterville, Ohio IGA West Milton, Ohio IGA West Union, Ohio Double D Beverage & Deli Willoughby Hill, Ohio Riesbeck's Woodsfield, Ohio Convenient Wooster, Ohio Anderson Worthington, Ohio Cornersburg Italian Youngstown, Ohio Pick'n Save Zanesville, Ohio Kuhn's Aliquippa, Pennsylvania Jet's Market Bentleyville, Pennsylvania Shop N Save Bridgeville, Pennsylvania Planet Mart Butler, Pennsylvania Shop N Save Carnegie, Pennsylvania Pechin Shopping Village Connellsville, Pennsylvania Kuhn's Coraopolis, Pennsylvania Sander's Corry, Pennsylvania Shop N Save Cranberry Township, Pennsylvania Giant Eagle Cranberry Twp, Pennsylvania Bello's Sure Fine Erie, Pennsylvania Bel-Mart Foods Erie, Pennsylvania Shop N Save Fairchance, Pennsylvania B & Z Deli Glenshaw, Pennsylvania Kuhn's Ingomar, Pennsylvania Sprankles Neighborhood Mkt Leechburg, Pennsylvania Planet Mart Mars, Pennsylvania JK's County Market Mount Pleasant, Pennsylvania Sander's North East, Pennsylvania Kuhn's Highwood St., Pittsburgh, PA Kuhn's Mcknight Road, Pittsburgh, PA Kuhn's Lincoln Avenue, Pittsburgh, PA Kuhn's Buehlah Road, Pittsburgh, PA Kuhn's Banksville Plaza, Pittsburgh, PA Market Fresh Meats Pittsburgh, Pennsylvania Shop N Save William Penn Hwy., Pittsburgh, PA Shop N Save Castle Shannon, Pittsburgh, PA Wholey Market Pittsburgh, Pennsylvania Fairground Market Prospect, Pennsylvania Planet Mart Sarver, Pennsylvania Soergel Orchards Wexford, Pennsylvania T-Bones Marketplace Wexford, Pennsylvania Food Fair Ravenswood, West Virginia Vienna Foodland Vienna, West Virginia Shop N Save Weirton, West Virginia IGA Elizabethton, Tennessee IGA Erwin, Tennessee IGA 1328 Dennis Hwy., Kingsport, TN IGA 3006 Dennis Hwy., Kingsport, TN Kramers County Market Abbotsford, Wisconsin A-F County Market Adams, Wisconsin Niemuth's Southside Mkt. Appleton, Wisconsin Woodman's Appleton, Wisconsin Athens IGA Athens, Wisconsin Viking Express Market Baraboo, Wisconsin Woodman's Beloit, Wisconsin Church Street Market Berlin, Wisconsin Burnstad's BI River Falls, Wisconsin Econo Foods Brillion, Wisconsin Grasch Foods Brookfield, Wisconsin Murf's Frozen Custard Brookfield, Wisconsin Sendiks Market West Capital Dr., Brookfield, WI Sendiks Market North 124th St., Brookfield, WI Marchant's Foods Inc. Brussels, Wisconsin Gooseberries Fresh Market Burlington, Wisconsin Main Street Market Denmark, Wisconsin Trigs Eagle River, Wisconsin Edgar IGA Edgar, Wisconsin Frank's County Market Elkhorn, Wisconsin Fish Creek General Store Fish Creek, Wisconsin Max's World Liquor & Gr. Franksville, Wisconsin Austin's Original Green Bay, Wisconsin Mason's Red Owl Green Bay, Wisconsin Webster Avenue Market Green Bay, Wisconsin Woodman's Green Bay, Wisconsin Rueben's County Market Hartford, Wisconsin Hillsboro County Market Hillsboro, Wisconsin Gilbert's Foods Hortonville, Wisconsin Iola IGA Iola, Wisconsin Econo Foods Iron Mountain, Wisconsin Woodman's Janesville, Wisconsin Frank's County Market Jefferson, Wisconsin Haen Meat Packing Inc. Kaukauna, Wisconsin Lenci's Food & Deli Kenosha, Wisconsin Tenuta's Kenosha, Wisconsin Woodman's Kenosha, Wisconsin Ojibwe Market Lac Du Flambeau, Wisconsin Stodolas IGA Luxemburg, Wisconsin Cub Foods Nakoosa Trail, Madison, Wisconsin Cub Foods Mineral Point Rd., Madison, WI Jenifer Street Market Madison, Wisconsin Woodman's Milwaukee St., Madison, Wisconsin Woodman's S Gammon Rd., Madison, Wisconsin La Portes Food Market Manitowish Waters, Wisconsin Angeli's County Market Marinette, Wisconsin Curry's IGA Marinette, Wisconsin Econo Foods Marquette, Wisconsin Medford County Market Medford, Wisconsin Woodman's Men Falls, Wisconsin Snows Family Market IGA Mercer, Wisconsin Dave's County Market Merrill, Wisconsin Mancl's IGA Milladore, Wisconsin Aladdin Milwaukee, Wisconsin Bunzel's Milwaukee, Wisconsin Groppi's Food Market Milwaukee, Wisconsin Kaul's Mini Store Milwaukee, Wisconsin Sendiks Market North Downer Ave., Milwaukee, WI Sendiks Market W Brown Deer Rd., Milwaukee, WI Save More IGA Foods Minocqua, Wisconsin Trigs Minocqua, Wisconsin Muskego Marketplace Muskego, Wisconsin Hansen's IGA Neillsville, Wisconsin Wheatland Convenience Ctr New Munster, Wisconsin Woodman's Oak Creek, Wisconsin Thompson County Market Oconto, Wisconsin Woodman's Onalaska, Wisconsin Bill's Food Center Oregon, Wisconsin Lee's Family Foods Peshtigo, Wisconsin Prentice IGA Prentice, Wisconsin Dannys Meats & Catering Racine, Wisconsin Reedsburg Village Market Reedsburg, Wisconsin Viking Village Reedsburg, Wisconsin Trigs Rhinelander, Wisconsin Ed's IGA Rib Lake, Wisconsin Burnstad's Richland Center, Wisconsin Quality Foods IGA Schofield, Wisconsin Sharon Supermart Sharon, Wisconsin Shawano Country Store Shawano, Wisconsin IGA Stanley, Wisconsin Trigs Stevens Point, Wisconsin Foodland Sturgeon Bay, Wisconsin Econo Foods Sturgeon Bay, Wisconsin Burnstad's Tomah, Wisconsin Nelsons County Market Tomahawk, Wisconsin Stoneridge Mart Waukesha, Wisconsin Crossroads County Market Wausau, Wisconsin Quality Foods IGA Rib Mtn Dr., Wausau, Wisconsin Quality Foods IGA Wausau Ave., Wausau, Wisconsin Trigs Wausau, Wisconsin KD's IGA Weyawega, Wisconsin Zinke Village Market Wisconsin Dells, Wisconsin Quality Foods IGA W Grand Ave, Wisconsin Rapids, WI Quality Foods IGA Baker Drive, Wisconsin Rapids, WI Dick's Family Foods Wrightstown, Wisconsin GENERAL REINSURANCE: 2nd Cir. Orders Class Certification Review --------------------------------------------------------------- Bill Kenealy, writing for Business Insurance, reports that the 2nd U.S. Circuit Court of Appeals on Aug. 13 ordered a lower court to reconsider class certification in a US$72 million settlement involving General Reinsurance Co. and several pension funds. The three-judge panel vacated a 2009 ruling by a district court judge denying class certification to the plaintiffs that was necessary to move the settlement forward. The plaintiffs had alleged that Gen Re was involved in a sham reinsurance deal that was aimed at boosting the balance sheet of American International Group Inc. The public pension fund plaintiffs -- the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio and the Ohio Police and Fire Pension Fund -- alleged that the transactions that took place in late 2000 and early 2001 enabled AIG to book $500 million in reinsurance transactions purely for AIG's accounting purposes. As holder of AIG shares, the plaintiffs alleged they suffered materially when AIG was forced to restate its earnings in May 2005. While the lower court denied class certification to the pension funds, the three-judge appeals court panel on Aug. 13 ordered the lower court to reconsider whether the class certification is appropriate and whether the proposed settlement is fair. GOOGLE INC: Can Appeal Authors' Class Action Status --------------------------------------------------- Reuters reports that Google Inc. won permission on Aug. 14 to appeal the granting of class-action status to thousands of authors suing the company over its plan to create the world's largest digital books library. In a brief order, the 2nd U.S. Circuit Court of Appeals in New York said Google may appeal a May 31 decision by a federal judge letting the authors sue as a group, rather than individually. GRISTEDE'S FOODS: Settles Female Cashiers' Class Action ------------------------------------------------------- Bill Donahue, writing for Law360, reports that New York City grocery chain Gristede's Foods Inc. has agreed to pay $1.45 million to more than 800 female cashiers over allegations that the supermarket steered women into lower-paying, part-time jobs and refused to promote them to management positions, according to settlement papers filed on Aug. 10. Susan Duling, Margaret Anderson and Lakeya Sewer asked U.S. District Judge Laura Taylor Swain to sign off on a deal that would put to rest more than five years of litigation. HULU LLC: Judge Allows Privacy Class Action to Proceed ------------------------------------------------------ Linda Chiem, writing for Law360, reports that a California federal judge on Aug. 10 allowed a proposed class action accusing online video provider Hulu LLC of wrongfully disclosing users' information to proceed, finding that the plaintiffs had sufficient standing to bring the suit after the U.S. Supreme Court dropped a separate case that could have changed class standing requirements. In the 2011 proposed class action, viewers of Hulu's online video content alleged that Hulu wrongfully disclosed their video viewing selections and personal identification information to third parties. HARTFORD FINANCIAL: Defends Suits Alleging Underpayment of Claims ----------------------------------------------------------------- The Hartford Financial Services Group, Inc. is defending itself against class action lawsuits alleging, among other things, underpayment of claims and improper underwriting practices, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. The Hartford is involved in other kinds of legal actions, some of which assert claims for substantial amounts. These actions include, among others, putative state and federal class actions seeking certification of a state or national class. Such putative class actions have alleged, for example, underpayment of claims or improper underwriting practices in connection with various kinds of insurance policies, such as personal and commercial automobile, property, disability, life and inland marine. The Hartford also is involved in individual actions in which punitive damages are sought, such as claims alleging bad faith in the handling of insurance claims or other allegedly unfair or improper business practices. Like many other insurers, The Hartford also has been joined in actions by asbestos plaintiffs asserting, among other things, that insurers had a duty to protect the public from the dangers of asbestos and that insurers committed unfair trade practices by asserting defenses on behalf of their policyholders in the underlying asbestos cases. Management expects that the ultimate liability, if any, with respect to such lawsuits, after consideration of provisions made for estimated losses, will not be material to the consolidated financial condition of The Hartford. Nonetheless, given the large or indeterminate amounts sought in certain of these actions, and the inherent unpredictability of litigation, the outcome in certain matters could, from time to time, have a material adverse effect on the Company's results of operations or cash flows in particular quarterly or annual periods. HEALTH MANAGEMENT: Amended Consolidated Securities Suit Pending --------------------------------------------------------------- An amended consolidated class action lawsuit entitled In Re: Health Management Associates, Inc. et al., is pending in Florida, according to Health Management Associates, Inc.'s August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On January 25, 2012, Health Management and certain of its executive officers, one of whom is a director, were named as defendants in an action entitled Milen Sapssov v. Health Management Associates, Inc. et al., which was filed in the U.S. District Court for the Middle District of Florida. This action purported to have been brought on behalf of stockholders who purchased the Company's common stock during the period from July 27, 2009, through January 9, 2012, and alleged that Health Management made false and misleading statements in certain public disclosures regarding its business and financial results. A substantially similar purported class action lawsuit, entitled Norfolk County Retirement System v. Health Management Associates, Inc. et al., was filed against the same defendants on or about February 2, 2012, in the U.S. District Court for the Middle District of Florida. On April 30, 2012, the two class action lawsuits were consolidated in the same court under the caption In Re: Health Management Associates, Inc. et al. (Case No. 2:12-cv- 00046-JES-DNF) and three pension fund plaintiffs were appointed as lead plaintiffs. On July 30, 2012, the plaintiffs filed an amended consolidated complaint purportedly on behalf of the same class of stockholders as alleged in the prior complaints and asserting claims for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. Among other things, the plaintiffs claim that Health Management inflated its earnings by engaging in fraudulent Medicare billing practices that entailed admitting patients to observation status when they should not have been admitted at all and to inpatient status when they should have been admitted to observation status. The plaintiffs seek unspecified monetary damages. The Company says it intends to vigorously defend against the allegations in this lawsuit. Because this lawsuit is in its early stages, the Company is unable to predict the outcome or determine the potential impact, if any, that could result from its final resolution. Health Management Associates, Inc. -- http://www.hma.com/-- through its subsidiaries, engages in the operation of general acute care hospitals and other health care facilities in non-urban communities in the United States. Its hospitals provide services, including general surgery, internal medicine, obstetrics, emergency room care, radiology, oncology, diagnostic care, coronary care, and pediatric services. The Company also offers outpatient services, such as one-day surgery, laboratory, x-ray, respiratory therapy, cardiology, and physical therapy. As of December 31, 2011, the company operated 66 hospitals with a total of 10,330 licensed beds in non-urban communities in Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and West Virginia. The Company was founded in 1977 and is based in Naples, Florida. ICAHN ENTERPRISES: "Silsby" Suit Remains Stayed in N.Y. Court ------------------------------------------------------------- A class action lawsuit captioned Silsby v. Icahn et. al. remains stayed pursuant to the automatic stay provisions of the Bankruptcy Code, according to Icahn Enterprises Holdings L.P.'s August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended June 30, 2012. On March 28, 2012, an action was filed in New York Supreme Court, entitled Silsby v. Icahn et. al. Defendants include Carl C. Icahn and Dynegy Inc., as well as two of the Company's officers. The action purports to be brought as a class action on behalf of Dynegy shareholders who acquired their shares between September 2011 and March 2012. The Complaint alleges violations of the federal securities laws in defendants' allegedly making false and misleading statements in securities filings that artificially inflated the price of Dynegy stock. The individual defendants are alleged to have been controlling persons of Dynegy. Plaintiff is seeking damages in an unspecified amount. Subsequent to the filing of this action, Dynegy filed for bankruptcy, and the Court has stayed the litigation against Dynegy, pursuant to the automatic stay provisions of the Bankruptcy Code. By agreement, defendants have not yet responded to the Complaint. However, defendants believe they have meritorious defenses to the claims. INTEL CORP: Continues to Defend Unfair Trade Practices Suits ------------------------------------------------------------ At least 82 separate class actions have been filed in the U.S. District Courts for the Northern District of California, Southern District of California, District of Idaho, District of Nebraska, District of New Mexico, District of Maine, and District of Delaware, as well as in various California, Kansas, and Tennessee state courts. These actions generally repeat the allegations made in a now-settled lawsuit filed against Intel Corporation by Advanced Micro Devices, Inc. (AMD) in June 2005 in the U.S. District Court for the District of Delaware (AMD litigation). Like the AMD litigation, these class-action lawsuits allege that Intel engaged in various actions in violation of the Sherman Act and other laws by, among other things, providing discounts and rebates to the Company's manufacturer and distributor customers conditioned on exclusive or near-exclusive dealings that allegedly unfairly interfered with AMD's ability to sell its microprocessors, interfering with certain AMD product launches, and interfering with AMD's participation in certain industry standards-setting groups. The class actions allege various consumer injuries, including that consumers in various states have been injured by paying higher prices for computers containing the Company's microprocessors. The Company disputes the class-action claims and intends to defend the lawsuits vigorously. All of the federal class actions and the Kansas and Tennessee state court class actions have been transferred by the Multidistrict Litigation Panel to the U.S. District Court in Delaware for all pre-trial proceedings and discovery (MDL proceedings). The Delaware district court has appointed a Special Master to address issues in the MDL proceedings, as assigned by the court. In January 2010, the plaintiffs in the Delaware action filed a motion for sanctions for the Company's alleged failure to preserve evidence. This motion largely copies a motion previously filed by AMD in the AMD litigation, which has settled. The plaintiffs in the MDL proceedings also moved for certification of a class of members who purchased certain PCs containing products sold by Intel. In July 2010, the Special Master issued a Report and Recommendation (Class Report) denying the motion to certify a class. The MDL plaintiffs filed objections to the Special Master's Class Report, and a hearing on these objections was held in March 2011. The Delaware district court has not yet ruled on those objections. All California class actions have been consolidated in the Superior Court of California in Santa Clara County. The plaintiffs in the California actions have moved for class certification, which the Company is in the process of opposing. At the Company's request, the court in the California actions has agreed to delay ruling on this motion until after the Delaware district court rules on the similar motion in the MDL proceedings. No further updates were reported in the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Based on the procedural posture and the nature of the cases, including, but not limited to, the fact that the Special Master's Class Report is on review in the Delaware district court, the Company is unable to make a reasonable estimate of the potential loss or range of losses, if any, arising from these matters. Intel Corporation -- http://www.intel.com/-- designs, manufactures, and sells integrated digital technology platforms primarily in the Asia-Pacific, the Americas, Europe, and Japan. The company offers microprocessors that process system data and controls other devices in the system; and chipsets, which sends data between the microprocessor and input, display, and storage devices, such as keyboard, mouse, monitor, hard drive or solid- state drive, and CD, DVD, or Blu-ray drives; system-on-chip products that integrate its processing functions with other system components, including graphics, audio, and video onto a single chip; wired network connectivity products; and wireless connectivity products. It also provides mobile phone components comprising baseband processors, radio frequency transceivers, and power management integrated circuits; and mobile phone platforms, such as Bluetooth wireless technology and GPS receivers, software solutions, customization, and interoperability tests. Intel Corporation was founded in 1968 and is based in Santa Clara, California. INTEL CORP: Reversal Bid in McAfee-Related Suit Denied in July -------------------------------------------------------------- The California Court of Appeal denied in July 2012 plaintiffs' petition to reverse an order holding that they are not entitled to a jury trial in the consolidated class action lawsuit arising from the acquisition of McAfee Inc. by Intel Corporation, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. On August 19, 2010, the Company announced that it had agreed to acquire all of McAfee's common stock for $48.00 per share. Four McAfee shareholders filed putative class action lawsuits in Santa Clara County, California Superior Court, challenging the proposed transaction. The cases were ordered consolidated in September 2010. Plaintiffs have filed an amended complaint that names the former McAfee board members, McAfee and Intel as defendants, and alleges that the McAfee board members breached their fiduciary duties and that Intel aided and abetted those breaches of duty. The complaint requests rescission of the merger agreement and such other equitable relief as the court may deem proper and an award of damages in an unspecified amount. In June 2012, plaintiffs' damages expert asserted that the value of a McAfee share for purposes of assessing damages should be $62.08. In January 2012, the court certified the action as a class action, and appointed the Central Pension Laborers' Fund to act as the class representative. In January 2012, the court also scheduled trial to begin in January 2013. In March 2012, the Company filed a petition with the California Court of Appeal for a writ of mandate to reverse the class certification order, which was denied in June 2012. In March 2012, the court entered an order, at the Company's request, holding that plaintiffs are not entitled to a jury trial in this case, and ordered a bench trial. In April 2012, plaintiffs filed a petition with the California Court of Appeal for a writ of mandate to reverse that order, which the court of appeal denied in July 2012. Because the resolution of the contemplated motions for summary judgment and other potential motions related to damages may materially impact the scope and nature of the proceeding, because discovery is not yet complete, and because plaintiffs seek equitable relief including rescission, the Company is unable to make a reasonable estimate of the potential loss or range of losses, if any, arising from this matter. The Company disputes the class-action claims and intends to defend the lawsuit vigorously. Intel Corporation -- http://www.intel.com/-- designs, manufactures, and sells integrated digital technology platforms primarily in the Asia-Pacific, the Americas, Europe, and Japan. The company offers microprocessors that process system data and controls other devices in the system; and chipsets, which sends data between the microprocessor and input, display, and storage devices, such as keyboard, mouse, monitor, hard drive or solid- state drive, and CD, DVD, or Blu-ray drives; system-on-chip products that integrate its processing functions with other system components, including graphics, audio, and video onto a single chip; wired network connectivity products; and wireless connectivity products. It also provides mobile phone components comprising baseband processors, radio frequency transceivers, and power management integrated circuits; and mobile phone platforms, such as Bluetooth wireless technology and GPS receivers, software solutions, customization, and interoperability tests. Intel Corporation was founded in 1968 and is based in Santa Clara, California. NASDAQ OMX: Accused of Negligence Over Facebook's May 18 IPO ------------------------------------------------------------ Michael Zack, on behalf of himself and all others similarly situated v. NASDAQ OMX Group, Inc. and The NASDAQ Stock Market LLC, Case No. 652737/2012 (N.Y. Sup. Ct., August 7, 2012) is brought in relation to NASDAQ's alleged negligent conduct with respect to the May 18, 2012 initial public offering of Facebook, Inc. Facebook's IPO was hotly anticipated and many investors sought to purchase its shares through the IPO, Mr. Zack relates. However, he contends, due to the Defendants' negligence, the IPO was severely mishandled creating "race conditions" in NASDAQ's automated order system, thereby disabling the exchange from matching buy and sell orders for several hours, and eventually causing NASDAQ to enlist brokers to sell Facebook shares. Mr. Zack, a citizen of New York, placed purchase and cancellation orders for Facebook's stock that NASDAQ failed to promptly and accurately execute, which resulted in losses. The Defendants operate NASDAQ, an American stock exchange. The Plaintiff is represented by: Gary S. Graifman, Esq. KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. 747 Chestnut Ridge Road Chestnut Ridge, NY 10977 Telephone: (845) 356-2570 Facsimile: (845) 356-4335 E-mail: ggraifman@kgglaw.com - and - Howard T. Longman, Esq. STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Telephone: (212) 687-7230 Facsimile: (212) 490-2022 E-mail: hlongman@ssbny.com - and - Lynda J. Grant, Esq. THE GRANT LAW FIRM, PLLC 521 Fifth Avenue, Suite 1700 New York, NY 10175 Telephone: (212) 292-4441 Facsimile: (212) 292-4442 E-mail: lgrant@grantfirm.com NOVATION COMPANIES: Appeal From Securities Suit Dismissal Pending ----------------------------------------------------------------- An appeal from the dismissal of a second amended class action complaint filed by the New Jersey Carpenters' Health Fund is pending, according to Novation Companies, Inc.'s August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended June 30, 2012. On May 21, 2008, a purported class action case was filed in the Supreme Court of the State of New York, New York County, by the New Jersey Carpenters' Health Fund, on behalf of itself and all others similarly situated. Defendants in the case included NovaStar Mortgage Funding Corporation ("NMFC") and its individual directors, several securitization trusts sponsored by the Company ("affiliated defendants") and several unaffiliated investment banks and credit rating agencies. The case was removed to the United States District Court for the Southern District of New York. On June 16, 2009, the plaintiff filed an amended complaint. Plaintiff seeks monetary damages, alleging that the defendants violated sections 11, 12 and 15 of the Securities Act of 1933, as amended, by making allegedly false statements regarding mortgage loans that served as collateral for securities purchased by plaintiff and the purported class members. On August 31, 2009, the Company filed a motion to dismiss the plaintiff's claims, which the court granted on March 31, 2011, with leave to amend. Plaintiff filed a second amended complaint on May 16, 2011, and the Company again filed a motion to dismiss. On March 29, 2012, the court dismissed the plaintiff's second amended complaint with prejudice and without leave to replead. The plaintiff filed an appeal. Given the court's ruling in an early stage of the litigation, the Company cannot provide an estimate of the range of any loss. The Company believes that the affiliated defendants have meritorious defenses to the case and expects them to defend the case vigorously. POWERWAVE TECHNOLOGIES: Faces Shareholder Class Suit in Calif. -------------------------------------------------------------- Powerwave Technologies, Inc. is facing a purported shareholder class action complaint in the United States District Court for the Central District of California, according to the Company's August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended July 1, 2012. In the first quarter of fiscal 2012, a purported shareholder class action complaint was filed in the United States District Court for the Central District of California against the Company, its President and Chief Executive Officer and its Chief Financial Officer. On July 23, 2012, the lead plaintiff filed an amended complaint. The amended complaint, Pawel I. Kmiec v. Powerwave Technologies, Inc. et. al. asserts claims under Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 thereunder. The complaint purports to state claims on behalf of all persons who purchased the Company's Common Stock between October 28, 2010 and October 18, 2011 and seeks compensatory damages in an amount to be proven at trial. The complaint alleges that the defendants made misleading statements or omissions concerning the Company's operations and projected sales revenues and engaged in false and misleading financial reporting. The Company believes that the purported shareholder class action is without merit and intends to defend it vigorously. In the first quarter of fiscal 2012, three additional lawsuits that relate to the above purported shareholder class action were filed. The lawsuits are shareholder derivative actions, purported to be brought by individual shareholders on behalf of Powerwave, against certain executive officers and the current directors of Powerwave. Powerwave is also named as a nominal defendant in the shareholder derivative actions. The shareholder derivative lawsuits are Yin Shen v. Buschur, et al., filed in the Superior Court of California, Kevin Pehlman v. Buschur, et al., filed in United States District Court for the Central District of California, and Jorge L. Verar v. Buschur, et al., filed in the Superior Court of California and subsequently removed to United States District Court for the Central District of California. The allegations of the derivative complaints closely resemble those in the initial class action complaint filed and pertain to the time period of February 1, 2011 through October 18, 2011. Based on those allegations, the derivative complaints assert various claims for breach of fiduciary duty under state law. These three actions are presently stayed by stipulated orders entered in each action. RADIAN GROUP: Still Defends RESPA-Violations Class Suits -------------------------------------------------------- Radian Group Inc. continues to defend class action lawsuits alleging violations of the Real Estate Practices Act of 1974, according to the Company's August 1, 2012, Form 8-K filing with the U.S. Securities and Exchange Commission. Recently, the Company has been named as a defendant in a number of putative class action lawsuits alleging, among other things, that its captive reinsurance agreements violate the Real Estate Practices Act of 1974 ("RESPA"). In addition to these private lawsuits, the Company and other mortgage insurers have been subject to inquiries from the Minnesota Department of Commerce and the Office of the Inspector General of the Department of Housing and Urban Development (HUD), requesting information relating to captive reinsurance. The Dodd-Frank Act amended RESPA and transferred the authority to implement and enforce the statute from HUD to the Consumer Financial Protection Bureau ("CFPB"). In January 2012, the Company and other mortgage insurers received a request for information and documents from the CFPB relating to captive reinsurance arrangements, and in June 2012, the Company and other mortgage insurers received a Civil Investigative Demand ("CID") from the CFPB as part of its investigation to determine whether mortgage lenders and private mortgage insurance providers engaged in acts or practices in violation of the Dodd Frank Act, RESPA and the Consumer Financial Protection Act. The Company says it is cooperating with the CFPB in its investigation and is in active discussions with the CFPB with respect to its response to the CID. Various regulators, including the CFPB, state insurance commissioners or state attorneys general may bring actions or proceedings regarding the Company's compliance with RESPA or other laws applicable to its mortgage insurance business. The Company cannot predict whether additional actions or proceedings will be brought against it or the outcome of any such actions or proceedings. SKECHERS USA: Class Action Settlement Gets Prelim. Court Okay ------------------------------------------------------------- KWTX.com reports that a federal judge on Aug. 13 tentatively approved a $40 million settlement between Skechers USA Inc. and consumers who bought the company's toning shoes in a class-action lawsuit filed over ads that consumers said made unfounded claims that the footwear would help people lose weight and strengthen muscles. An undetermined number of people will be able to get refunds for their purchases of as much as $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair for Tone-Ups. The agreement comes three months after Manhattan Beach, Calif.- based Skechers reached a deal with the Federal Trade Commission over the advertisements for the shoes. Skechers denies the allegations, but said it settled to avoid long litigation. SKYWORKS SOLUTIONS: Continues to Defend AATI Merger-Related Suit ---------------------------------------------------------------- Skyworks Solutions, Inc. continues to defend a consolidated merger-related class action lawsuit, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 29, 2012. On January 10, 2012, the Company acquired all of the outstanding shares of Advanced Analogic Technologies, Incorporated ("AATI") for a total purchase price of approximately $200.0 million in cash, net of cash acquired. The Parties previously entered into an Agreement and Plan of Merger, dated as of May 26, 2011, by and among Skyworks Solutions, Inc., PowerCo Acquisition Corp., and Advanced Analogic Technologies Incorporated. AATI is an analog semiconductor company focused on enabling energy-efficient devices for consumer electronics, computing and communications markets. On June 6 and 7, 2011, two putative stockholder class action lawsuits (Case No. 111CV202403 (the "Bushansky action") and Case No. 111CV202501 (the "Venette action"), respectively) were filed in California Superior Court in Santa Clara County naming AATI, members of AATI's board of directors, the Company and PowerCo Acquisition Corp. ("Merger Sub") as defendants. The lawsuits related to conduct surrounding the Company's acquisition of AATI. On July 26, 2011, the Court issued an order consolidating the Bushansky action and Venette action into a single, consolidated action captioned In re Advanced Analogic Technologies Inc. Shareholder Litigation, Lead Case No. 111CV202403, and designating an amended complaint filed on July 14, 2011, in the Venette action as the operative complaint in the litigation. On November 30, 2011, following confidential arbitration proceedings in the Delaware Court of Chancery, the Company announced that it and AATI had amended their previously announced merger agreement whereby the Company would acquire AATI at a reduced price through a tender offer. The Company and AATI completed the transaction on January 9, 2012. On March 2, 2012, the Court stayed all discovery in the matter and ordered that Plaintiffs file an amended complaint by April 20, 2012. On April 20, 2012, Plaintiffs filed an amended complaint ("First Amended Complaint") against each of the original defendants with the exception of Merger Sub. The First Amended Complaint alleges, among other things, that (1) members of AATI's board of directors breached their fiduciary duties by (a) failing to take steps to maximize the value of AATI to its public shareholders by failing to adequately consider potential acquirers, (b) agreeing to the merger for inadequate consideration on unfair terms; (c) causing the filing of a materially misleading Schedule 14D-9 that failed to (i) disclose a basis for the price reduction, (ii) describe the arbitration proceedings, and (iii) include any financial valuation or fairness opinion concerning whether the revised merger consideration was fair; and (d) causing the issuance of amendments to the Schedule 14D-9 that failed to respond adequately to the SEC's disclosure directives; and (2) Skyworks and AATI allegedly aided and abetted these purported breaches of fiduciary duties. During the three and nine months ended June 29, 2012, the Company recorded a $5.0 million charge to selling, general and administrative expenses to recognize a contingent liability associated with the probable settlement of a warranty claim. The Company has assessed the possibility of additional charges associated with the warranty claim and other outstanding litigation matters and has determined that there were no additional material losses that were reasonably possible of occurring. The Company monitors the status of these contingencies on an ongoing basis to ensure amounts are recognized and/or disclosed in the Company's financial statements and footnotes as required by ASC 450, Loss Contingencies. SPIRIT AIRLINES: Generates Profit From "Passenger Usage Fees" ------------------------------------------------------------- The Huffington Post reports that Spirit Airlines raked in more than $140 million in fees between 2008 and 2011, according to a new study of financial documents by personal finance Web site NerdWallet. The news comes less than a week after Spirit was slapped with a class-action lawsuit alleging that its "Passenger Usage Fee," essentially a $9-$17 per flight charge that the airline levies on all tickets not purchased at airport ticket counters, is deceptive. Lawyers in the case suggested that millions of passengers could potentially be entitled to join the class action, which alleges that the fees are nothing more than a sneaky way for the airline to increase the fares it charges passengers. And the amount of money Spirit is making from those fees is only going up, writes Alicia Jao, VP of Travel at NerdWallet, citing the airline's public SEC filings as her sources. In 2006, Spirit's average ticket revenue per passenger flight segment was $109.36. As of June 30, 2012, average ticket revenue per passenger flight segment has only grown 19% to $130.54. Non- ticket revenue per passenger flight segment, on the other hand, has grown 974% over the same time period. Non-ticket revenue is primarily composed of extra fees, such as baggage fees, PUFs and seat selection fees. While baggage fees and seat selection fees are indeed optional, lawyers involved in the case against Spirit say that paying the PUF isn't realistically optional because the only way to avoid it is by purchasing tickets at the airport. The suit alleges that Spirit raked in at least $40 million in PUF charges in 2011 alone. "I am sure the company has additional details around the PUFs," Jao writes in an e-mail to HuffPost Travel, "As well as the more recent Department of Transportation Unintended Consequences fee (initiated in early 2012) that is extremely reminiscent of the PUF but completely unavoidable from our research and inquiries to the company. However, publicly available data is already quite telling." STANLEY BLACK: Sued in Conn. Over Ineffective Pest Repellants ------------------------------------------------------------- Courthouse News Service reports that Stanley Black & Decker's plug-in Pest Repellants "simply put . . . do not work," a class action claims in Federal Court. A copy of the Complaint in Fraiser v. Stanley Black & Decker, Inc., Case No. 12-cv-01182 (D. Conn.), is available at: http://www.courthousenews.com/2012/08/14/Bugs.pdf The Plaintiff is represented by: David A. Slossberg, Esq. David L. Belt, Esq. HURWITZ SAGARIN SLOSSBERG & KNUFF, LLC 147 North Broad Street P.O. Box 112 Milford, CT 06460 Telephone: (203) 877-8000 E-mail: dslossberg@hssklaw.com dbelt@hssklaw.com - and - Sanford P. Dumain, Esq. Andrei V. Rado, Esq. Johnathan P. Seredynski, Esq. MILBERG LLP One Pennsylvania Plaza New York, NY 10119 Telephone: (212) 594-5300 E-mail: sdumain@milberg.com arado@milberg.com jseredynski@milberg.com STATE OF FLORIDA: Judge Tosses In-State Tuition Class Action ------------------------------------------------------------ Iulia Filip at Courthouse News Service reports that a federal judge refused to certify a class of college applicants who were denied in-state tuition in Florida because their parents are undocumented immigrants. The named plaintiffs, natural-born citizens living in Florida, said that the State Board of Education refused to classify them as residents for tuition purposes because their parents could not establish legal residence in the state. To qualify for lower in-state tuition rates, public university applicants in Florida must prove they have resided legally in the state for the 12 consecutive months preceding enrollment. If the applicants are claimed as dependents on their parents' tax returns, the parents must prove continuous legal residence in the state as well. The plaintiffs, all dependents under 24, claimed that the state wrongfully classified them as "non-residents" who would face higher tuition rates because they could not establish their parents' lawful immigration status. They argued the classification violated their constitutional rights, and sought class certification. U.S. District Judge K. Michael Moore denied their request on Aug. 9, finding that a class action would be unduly burdensome. Judge Moore rejected the claims that the case alleged by the individual plaintiffs would become moot once they reach the age of 24 and become independent. None of the named plaintiffs are over 20, and some of them are only 18, which gives them six years until independent status would moot their claims, the ruling states. Judge Moore said there was no "imminent threat of mootness" requiring class certification to protect the putative class members' interests. A copy of the Order Denying Plaintiffs' Motion to Certify Class in Ruiz, et al. v. Robinson, et al., Case No. 11-cv-23776 (S.D. Fla.), is available at: http://www.courthousenews.com/2012/08/14/Immigrant%20Tuition.pdf STURM RUGER: Consolidated Securities Class Suit Remains Pending ---------------------------------------------------------------- On August 18, 2009, Sturm, Ruger & Company, Inc. was served with a complaint captioned Steamfitters Local 449 Pension Fund, on Behalf of Itself and All Others Similarly Situated v. Sturm, Ruger & Co. Inc., et al. pending in the United States District Court for the District of Connecticut. The complaint seeks unspecified damages for alleged violations of the Securities Exchange Act of 1934 and is a purported class action on behalf of purchasers of the Company's common stock between April 23, 2007, and October 29, 2007. On October 9, 2009, the Company waived service of a complaint captioned Alan R. Herrett, Individually and On Behalf of All Others Similarly Situated v. Sturm, Ruger & Co. Inc., et al. pending in the United States District Court for the District of Connecticut. This matter is based upon the same facts and basic allegations set forth in the Steamfitters Local 449 Pension Fund litigation. On October 12, 2009, a motion to consolidate the two actions was filed by counsel for the Steamfitters. On January 11, 2010, the court entered an order consolidating the two matters. A consolidated amended complaint was filed on March 11, 2010. The defendants, including the Company, filed a motion to dismiss on April 26, 2010, and plaintiffs filed a response on June 18, 2010. Defendants then filed a reply in support of the motion on July 19, 2010. Oral argument was held on November 22, 2010. On February 4, 2011, the Court entered an order granting the motion to dismiss in part and denying it in part. The matter is ongoing. No further updates were reported in the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. Sturm, Ruger & Company Incorporated is a Southport, Connecticut- based firearm manufacturing company. SUNTRUST BANKS: 9th Cir. Affirms Order in ATM Fee Antitrust Suit ---------------------------------------------------------------- The U.S. Court of Appeals for the Ninth Circuit has recently affirmed a district court's decision granting SunTrust Banks, Inc.'s motion for summary judgment in the consolidated antitrust litigation over ATM fees, according to the Company's August 1, 2012, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended June 30, 2012. The Company is a defendant in a number of antitrust actions that have been consolidated in federal court in San Francisco, California under the name In re ATM Fee Antitrust Litigation, Master File No. C04-2676 CR13. In these actions, Plaintiffs, on behalf of a class, assert that Concord EFS and a number of financial institutions have unlawfully fixed the interchange fee for participants in the Star ATM Network. Plaintiffs claim that Defendants' conduct is illegal under Section 1 of the Sherman Act. Plaintiffs initially asserted the Defendants' conduct was illegal per se. In August 2007, Concord and the bank defendants filed motions for summary judgment on Plaintiffs' per se claim. In March 2008, the Court granted the motions on the ground that Defendants' conduct in setting an interchange fee must be analyzed under the rule of reason. The Court certified this question for interlocutory appeal, and the Court of Appeals for the Ninth Circuit rejected Plaintiffs' petition for permission to appeal on August 13, 2008. Plaintiffs subsequently filed a Second Amended Complaint in which they asserted a rule of reason claim. This complaint was dismissed by the Court as well, but Plaintiffs were given leave to file another amended complaint. Plaintiffs filed yet another complaint and Defendants moved to dismiss the same. The Court granted this motion in part by dismissing one of the Plaintiffs two claims -- but denied the motion as to one claim. On September 16, 2010, the Court granted the Defendants' motion for summary judgment as to the remaining claim on the grounds that Plaintiffs lack standing to assert that claim. Plaintiffs filed an appeal of this decision with the Ninth Circuit Court of Appeals and the Ninth Circuit recently affirmed the District Court's decision. THOMSON REUTERS: To Settle Class Action Over FXall Tender Offer --------------------------------------------------------------- Finextra reports that Thomson Reuters has filed an application to settle a class action lawsuit over its proposed acquisition of multi-bank foreign exchange portal FXall and extended its $616 million tender offer by three days. Thomson Reuters agreed to pay $22 per share for Nyse-listed FXall in early July, but was hit with a proposed class action lawsuit within weeks claiming that the offer seriously undervalued the company. In a complaint filed in New York state court, Michael Rubin claims the deal is inadequate in light of the company's strong financial health, accusing top executives of pushing through a takeover proposal that rewarded top staff at the expense of ordinary shareholders. With just 30.1% of FXall shareholders tendering their shares in favor of the offer before the August 14 cut-off point, Thomson Reuters has moved to extend the deadline to close of business on Aug. 17, and signed a Memorandum of Understanding to settle the action brought by Rubin. In a statement, the company says: "Thomson Reuters and the other defendants entered into the Memorandum of Understanding solely to avoid the costs, risks and uncertainties inherent in litigation and the Memorandum of Understanding contains no admission of liability or wrongdoing." It adds that FXall was set to file on Aug. 14 with the SEC an amendment that would set out revised disclosures agreed under the terms of the settlement. TOYSMITH: Recalls 89,500 Animal Snap Bracelets Due to Cut Hazard ---------------------------------------------------------------- The U.S. Consumer Product Safety Commission, in cooperation with Toysmith of Sumner, Washington, announced a voluntary recall of about 89,500 units of Animal Snap Bracelets. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. The metal snap band can wear through the fabric covering resulting in exposing sharp edges and posing a laceration hazard. The firm has received eight reports of injuries including lacerations. This recall includes Animal Snap Bracelets in assorted metallic fabrics with animal figures, including: Seahorse, Frog, Snake, Starfish, Crab, Lizard, Dolphin and Fish. Manufacturing date codes between 07/11 and 01/12 are printed on a sewn-in label found on the inside of the bracelet. The label includes the Toysmith name and address. A round paper tag is attached to the product with the product name, Toysmith information, the words "Item # 2360 Animal Snap Bracelet," SKU number and bar code. Pictures of the recalled products are available at: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12245.html The recalled products were manufactured in China and sold at Cost Plus World Market, Cracker Barrel Old Country Store and other retailers from September 2011 to February 2012 for about $3. Consumers should return the product to the store where purchased for a full refund. For additional information, contact Toysmith at (800) 356-0474 between 8:00 a.m. and 5:00 p.m. Pacific Time Monday through Friday, or visit the firm's Web site at http://www.toysmith.com/ US HOME: Faces Shareholder Class Action in Texas ------------------------------------------------ Courthouse News Service reports that U.S. Home Systems is selling itself too cheaply through an unfair process to Home Depot, for $94 million or $12.50 a share, shareholders say in Dallas County Court. A copy of the Complaint in Foy v. Buchholz, et al., Case No. DC- 12-08956 (Tex. Dist. Ct., Dallas Cty.0, is available at: http://www.courthousenews.com/2012/08/14/SCA.pdf The Plaintiff is represented by: J. David Apple, Esq. APPLE & FINK, LLP 735 Plaza Blvd., Suite 200 Coppell, TX 75019 Telephone: (972) 315-1900 - and - Evan J. Smith, Esq. Marc L. Ackerman, Esq. BRODSKY & SMITH, LLC Two Bala Plaza, Suite 602 Bala Cynwyd, PA 19004 Telephone: (610) 667-6200 VIVENDI SA: Investors Can Use Facts From Suit to Pursue Claims -------------------------------------------------------------- Brian Mahoney, writing for Law360, reports that investors excluded from a class action accusing Vivendi SA of issuing misleading statements about its liquidity can use some settled facts from the suit to pursue their claims individually, a New York federal judge ruled Friday. In an order granting investors' motion for collateral estoppel, U.S. District Judge Shira A. Scheindlin barred Vivendi from relitigating claims that it violated the Securities Exchange Act by misleading investors about its financial strength while it was pursuing major acquisitions. WELLPOINT COMPANIES: Blumenthal Nordrehaug Files Class Action ------------------------------------------------------------- On August 3, 2012, the Los Angeles employment lawyers at Blumenthal Nordrehaug & Bhowmik filed a class action complaint against The Wellpoint, Companies, Inc. for alleged unpaid overtime wages. Talamantez, et al. vs. The Wellpoint Companies, Inc., Case No. BC489001 is currently pending in the Los Angeles County Superior Court. According to the class action complaint filed against Wellpoint, the health benefits service provider paid their hourly employees incentive wages based on their performance with Wellpoint. According to the lawsuit, Wellpoint "failed and still fails to include the bonus compensation as part of the employees' 'regular rate of pay' for purposes of calculating overtime pay." As a result, the Complaint states that these employees were underpaid throughout their employment with Wellpoint. Blumenthal Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees, investors and consumers fight back against unfair business practices, including violations of the California Labor Code and Fair Labor Standards Act. WELLS REAL: Summary Judgment Bid Pending in Securities Litigation ----------------------------------------------------------------- A motion for summary judgment is pending in an amended putative class action complaint styled In re Wells Real Estate Investment Trust, Inc. Securities Litigation, according to Wells Real Estate Fund XI, L.P.'s August 10, 2012 Form 10-Q filing with the Securities and Exchange Commission for the quarter ended June 30, 2012. Wells Real Estate Fund XI, L.P. (the "Partnership") is a Georgia public limited partnership with Leo F. Wells, III and Wells Partners, L.P. ("Wells Partners"), a Georgia nonpublic limited partnership, serving as its general partners (collectively, the "General Partners"). Wells Capital, Inc. ("Wells Capital") serves as the corporate general partner of Wells Partners. Wells Capital is a wholly owned subsidiary of Wells Real Estate Funds, Inc. ("WREF"). The Partnership owns indirect interests in all of its real estate assets through joint ventures with other entities affiliated with the General Partners and Piedmont Operating Partnership, LP ("Piedmont OP"), formerly known as Wells Operating Partnership, L.P. Piedmont OP is a Delaware limited partnership with Piedmont Office Realty Trust, Inc. ("Piedmont REIT"), formerly known as Wells Real Estate Investment Trust, Inc., serving as its general partner. In March 12, 2007, a stockholder of Piedmont REIT filed a putative class action and derivative complaint, presently styled In re Wells Real Estate Investment Trust, Inc. Securities Litigation, in the United States District Court for the District of Maryland against, among others, Piedmont REIT; Leo F. Wells, III, one of the Partnership's General Partners; Wells Capital, the corporate general partner of Wells Partners, the Partnership's General Partner; Wells Management, the Partnership's property manager; certain affiliates of WREF; the directors of Piedmont REIT; and certain individuals who formerly served as officers or directors of Piedmont REIT prior to the closing of the internalization transaction on April 16, 2007. The complaint alleged, among other things, violations of the federal proxy rules and breaches of fiduciary duty arising from the Piedmont REIT internalization transaction and the related proxy statement filed with the SEC on February 26, 2007, as amended. The complaint sought, among other things, unspecified monetary damages and nullification of the Piedmont REIT internalization transaction. On June 27, 2007, the plaintiff filed an amended complaint, which attempted to assert class action claims on behalf of those persons who received and were entitled to vote on the Piedmont REIT proxy statement filed with the SEC on February 26, 2007, and derivative claims on behalf of Piedmont REIT. On March 31, 2008, the Court granted in part the defendants' motion to dismiss the amended complaint. The Court dismissed five of the seven counts of the amended complaint in their entirety. The Court dismissed the remaining two counts with the exception of allegations regarding the failure to disclose in the Piedmont REIT proxy statement details of certain expressions of interest in acquiring Piedmont REIT. On April 21, 2008, the plaintiff filed a second amended complaint, which alleges violations of the federal proxy rules based upon allegations that the proxy statement to obtain approval for the Piedmont REIT internalization transaction omitted details of certain expressions of interest in acquiring Piedmont REIT. The second amended complaint seeks, among other things, unspecified monetary damages, to nullify and rescind the internalization transaction, and to cancel and rescind any stock issued to the defendants as consideration for the internalization transaction. On May 12, 2008, the defendants answered and raised certain defenses to the second amended complaint. Since the filing of the second amended complaint, the plaintiff has said it intends to seek monetary damages of approximately $159 million plus prejudgment interest. On June 23, 2008, the plaintiff filed a motion for class certification. On September 16, 2009, the Court granted the plaintiff's motion for class certification. On September 20, 2009, the defendants filed a petition for permission to appeal immediately the Court's order granting the motion for class certification with the Eleventh Circuit Court of Appeals. The petition for permission to appeal was denied on October 30, 2009. On April 13, 2009, the plaintiff moved for leave to amend the second amended complaint to add additional defendants. The Court denied the plaintiff's motion for leave to amend on June 23, 2009. On December 4, 2009, the parties filed motions for summary judgment. On August 2, 2010, the Court entered an order denying the defendants' motion for summary judgment and granting, in part, the plaintiff's motion for partial summary judgment. The Court ruled that the question of whether certain expressions of interest in acquiring Piedmont REIT constituted "material" information required to be disclosed in the proxy statement to obtain approval for the Piedmont REIT internalization transaction raises questions of fact that must be determined at trial. On November 17, 2011, the Court issued rulings granting several of the plaintiff's motions in limine to prohibit the defendants from introducing certain evidence, including evidence of the defendants' reliance on advice from their outside legal and financial advisors, and limiting the defendants' ability to relate their subjective views, considerations, and observations during the trial of the case. On February 23, 2012, the Court granted several of the defendants' motions, including a motion for reconsideration regarding a motion the plaintiff had filed seeking exclusion of certain evidence impacting damages, and motions seeking exclusion of certain evidence proposed to be submitted by the plaintiff. The lawsuit has been removed from the Court's trial calendar pending resolution of a request for interlocutory appellate review of certain legal rulings made by the Court. On March 20, 2012, the Court granted the defendants leave to file a motion for summary judgment. On April 5, 2012, the defendants filed a motion for summary judgment. On April 24, 2012, the plaintiff filed its response to the defendants' motion for summary judgment. On May 7, 2012, the defendants filed their reply in support of their motion for summary judgment. The defendants' motion for summary judgment is currently pending before the Court. Mr. Wells, Wells Capital, and Wells Management believe that the allegations contained in the complaint are without merit and intend to vigorously defend this action. Although WREF believes that it has meritorious defenses to the claims of liability and damages in these actions, WREF is unable at this time to predict the outcome of these actions or reasonably estimate a range of damages, or how any liability and responsibility for damages might be allocated among the 17 defendants in the action, which includes 11 defendants not affiliated with Mr. Wells, Wells Capital, or Wells Management. The ultimate resolution of these matters could have a material adverse impact on WREF's financial results, financial condition, or liquidity. YAHOO INC: Judge Dismisses Class Action Over Alipay Investment -------------------------------------------------------------- Courthouse News Service reports that a federal judge dismissed a class action that claimed Yahoo and its executives misled investors about its interest in China-based Alipay. A copy of the Order Granting Motion to Dismiss in In re Yahoo! Inc. Securities Litigation, Case No. 11-cv-02732 (N.D. Calif.), is available at: http://www.courthousenews.com/2012/08/14/yahoo.pdf ZYNGA INC: Faces Shareholder Class Action in California ------------------------------------------------------- Courthouse News Service reports that in a federal class action, shareholders claim Zynga pumped up its share price by failing to disclose that its game cards could be distributed and redeemed on Facebook only until April 30 this year. A copy of the Complaint in Moayyed v. Zynga, Inc., et al., Case No. 12-cv-04250 (N.D. Calif.), is available at: http://www.courthousenews.com/2012/08/14/ZyngaCA.pdf 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 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 E-mail: darrenr@rgrdlaw.com davew@rgrdlaw.com - and - Alfred G. Yates, Jr., Esq. LAW OFFICES OF ALFRED G. YATES, JR. P.C. 519 Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 Telephone: (412) 391-5164 Asbestos Litigation ASBESTOS UPDATE: 3 Suits v. Union Pacific to Proceed to Trial ------------------------------------------------------------- Three groups of former employees filed an action pursuant to the Federal Employers' Liability Act alleging that they were exposed to asbestos while employed by Union Pacific Railroad Company and, as a result, have developed an asbestos-related lung disease. Union Pacific has filed a motion to sever the claims of the individual plaintiffs. Union Pacific argues that the plaintiffs' claims are not properly joined under Rule 20 of the Federal Rules of Civil Procedure, so the Court should sever them pursuant to Rule 21. In the alternative, Union Pacific argues the Court should order a separate trial for each plaintiff pursuant to Rule 42(b). In separate orders dated July 25, 2012, Judge J. Leon Holmes of the U.S. District Court for the Eastern District of Arkansas, Pine Bluff Division, denied Union Pacific's motion to sever but granted its motion for separate trials. The plaintiffs will be divided into three groups, according to their employment tenure, for trial. The cases are: * LEROY SPEARS, JR.; FRANK BOHANNON; ELLIS E. CARROLL; JIM JACKSON; WILLIE G. JOHNSON; McCLARY MERRITT; CLARENCE E. PUGH; and CHARLIE L. ROGERS, JR., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant, No. 5:12CV00202 JLH (E.D. Ark.). A copy of Judge Holmes' Decision for the Spears, et al., Plaintiffs is available at http://is.gd/xjh5bMfrom Leagle.com * JAMES M. TRUHETT; CONNIE TRUHETT; DAVID T. SHIPMAN; DANIEL L. SIMS; GEORGE W. THOMAS; BENNY R. TAYLOR; WILLIE J. STEPHENS; MAJOR V. NELSON; and THOMAS M. FLEMMING, Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant, No. 5:12CV00185 JLH (E.D. Ark.). A copy of Judge Holmes' Decision for the Truhett, et al. Plaintiffs is available at http://is.gd/5HxNT7from Leagle.com * JIMMY S. LANGRELL; JAMES R. BLASENGAME; WILLIAM BURNS; FOSTER HARSHAW, JR.; DAVID K. JACKSON; RONALD J. THOMAS; STEVEN E. TYLER; MICHAEL L. WILSON; and BILLY K. WRIGHT, Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant, No. 5:12CV00084 JLH (E.D. Ark.). A copy of Judge Holmes' Decision for the Langrell, et al. Plaintiffs is available at http://is.gd/JH2GjQfrom Leagle.com ASBESTOS UPDATE: 3rd Cir. Affirms Ch.7 Conversion of Skinner Case ----------------------------------------------------------------- American Capital Equipment, Inc. and Skinner Engine Company, appeal from the District Court's order affirming the Bankruptcy Court's order, which converted Skinner's Chapter 11 bankruptcy case to a Chapter 7 on the basis that its plan is patently unconfirmable. Joining its appeal is Willard Bartel, representative for the estate of an asbestos claimant. Appellees are insurers, the legal representative for future asbestos claimants, the Maritime Asbestosis Legal Clinic, and the Interim Chapter 7 Trustee, Jeffrey J. Sikirica. The issue before the U.S. Court of Appeals, Third Circuit, is whether a bankruptcy court can determine at the disclosure statement stage that a Chapter 11 plan is unconfirmable without first holding a confirmation hearing. The Third Circuit held that a bankruptcy court has the authority to do so if it is obvious that the plan is patently unconfirmable, such that no dispute of material fact remains and defects cannot be cured by creditor voting. Additionally, the Third Circuit found that the plan in this case was patently unconfirmable, and that the Bankruptcy Court did not err in converting the case to Chapter 7. Accordingly, the Third Circuit affirmed the lower courts' decision. The case is In re: AMERICAN CAPITAL EQUIPMENT, LLC AND SKINNER ENGINE COMPANIES, INC., Debtors-Appellants, No. 10-2239. In re: AMERICAN CAPITAL EQUIPMENT, LLC AND SKINNER ENGINE COMPANIES, INC., Debtors. WILLARD E. BARTEL, Appellant, No. 10-2240. Nos. 10-2239 and 10-2240. (3rd Cir.). A copy of the Circuit Court's July 25, 2012 Decision is available at http://is.gd/F8uyQRfrom Leagle.com. ASBESTOS UPDATE: Ct. Denies Dana Companies' Bid to Dismiss Suit --------------------------------------------------------------- Judge Sherry Klein Heitler of the Supreme Court, New York County, denied Dana Companies LLC's motion for summary judgment dismissing the complaint and all cross-claims asserted against it in the asbestos personal injury action captioned JOAN JOHNSON, Individually and as Executrix for the Estate of CHARLES F. JOHNSON, Plaintiff(s), v. A.O. SMITH WATER PRODUCTS CO., et al., Defendants, Docket No. 105917/04, Motion Seq. No. 004 (N.Y.). Judge Heitler concluded that the defendant it has not prima facie established its entitlement to summary judgment as a matter of law. A copy of Judge Heitler's July 23, 2012 Decision is available at http://is.gd/CHoKsEfrom Leagle.com. ASBESTOS UPDATE: Court Dismisses Worker's Suit v. United Air Lines ------------------------------------------------------------------ Paul Simkus brought a suit against United Air Lines, Inc., alleging violations of the Asbestos School Hazard Detection and Control Act ("ASHDCA"), the Toxic Substances Control Act ("TSCA"), the mail and wire fraud criminal statutes, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), the Sarbanes- Oxley Act ("SOX"), the Americans with Disabilities Act ("ADA"), Title VII of the Civil Rights Act of 1964 ("Title VII"), the Age Discrimination in Employment Act ("ADEA"), and the Family and Medical Leave Act ("FMLA"), and also purporting to assert state law claims for negligent and intentional infliction of emotional distress. United has moved to dismiss under Rule 12(b)(6) of the Federal Rule of Civil Procedure. In a July 31, 2012 memorandum opinion and order, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois, Eastern Division, granted United's motion to dismiss holding that: -- the ASHDCA governs only to state and local education agencies and United is not such an agency; -- there is no private right of action under the criminal mail and wire fraud statutes; -- the TSCA protects employees involved in a TSCA proceeding but Simkus has not identified any TSCA proceeding that he commenced or in which he testified, assisted, or participated; and -- with respect to the state law claims, United is correct in contending that the negligent infliction of emotional distress claim is barred by the Illinois Workers' Compensation Act, which provides an exclusive means of recover against an employer for an employee's accidental injuries. The case is PAUL SIMKUS, Plaintiff, v. UNITED AIR LINES, INC., Defendant, No. 11 C 2165 (N.D. Ill.). A copy of Judge Feinerman's Decision is available at http://is.gd/5UBRZPfrom Leagle.com. ASBESTOS UPDATE: NY Ct. Affirms Judgment in Asbestos Removal Suit ----------------------------------------------------------------- In the case captioned IN THE MATTER OF NORTH FORK MANAGEMENT & MAINTENANCE, LLC, appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, respondent, 2011-04569 (N.Y.), the Appellate Division of the Supreme Court of New York, Second Department, affirmed a lower court's decision holding that the petitioner failed to demonstrate a clear legal right to the relief he sought in his request for mandamus on notices of violations issued by the Commissioner of the NY Dept. of Labor. The Appellate Court also found that the Commissioner's determination that the petitioner violated a provision of the Labor Law was not arbitrary and capricious and the decision to impose the maximum civil penalty for each violation was not an abuse of discretion. The case arose after the petitioner partially demolished six buildings located on Main Street in Smithtown, without valid permits, and the Commissioner conducted an investigation and issued six separate notices of violation and orders to comply. The Commissioner determined that the petitioner violated the Labor Law, in that it had engaged in asbestos removal projects without a valid asbestos handling license, and in that it had permitted its employees to disturb asbestos-containing materials without valid asbestos handling certificates. A copy of the Appellate Court's Decision dated August 1, 2012, is available at http://is.gd/XGPWMYfrom Leagle.com. ASBESTOS UPDATE: Calif. Ct. Reverses Judgments in 3 Exposure Suits ------------------------------------------------------------------ Citing a recent decision of the California Supreme Court in O'Neil v. Crane Co. (2012) 53 Cal.4th 335, the Court of Appeals of California, Second District, Division Two, reversed lower courts' judgments holding Foster Wheeler Energy Corp., and Crane Co. liable for injuries arising from exposure to asbestos-laden products. In O'Neil, the California Supreme Court held "that a product manufacturer may not be held liable in strict liability or negligence for harm caused by another manufacturer's product unless the defendant's own product contributed substantially to the harm, or the defendant participated substantially in creating a harmful combined use of the products." The Appellate Court found that the matters in O'Neil involved the same facts as to the cases captioned: -- JOHN M. NOLEN et al., Plaintiffs and Respondents, v. FOSTER WHEELER ENERGY CORP., Defendant and Appellant, No. B216202 (Calif. App. Ct.). A copy of the Appellate Court's Decision dated Aug. 2, 2012, is available at http://is.gd/JS5NYyfrom Leagle.com -- EUGENE W. ROLLIN, JR., et al., Plaintiffs and Appellants, v. FOSTER WHEELER, LLC et al., Defendants and Respondents, No. B209935 (Calif. App. Ct.). A copy of the Appellate Court's Decision dated August 2, 2012, is available at http://is.gd/IyBbpAfrom Leagle.com -- CHIEF Y.R. BREWER et al., Plaintiffs and Respondents, v. CRANE CO., Defendant and Appellant, No. B213096 (Calif. App. Ct.). A copy of the Appellate Court's Decision dated August 2, 2012, is available at http://is.gd/9wLq9jfrom Leagle.com. ASBESTOS UPDATE: Suit v. Reichhold to Proceed to Discovery ---------------------------------------------------------- Judge Sherry Klein Heitler of the Supreme Court, New York County, denied Reichhold Chemicals' motion for summary judgment dismissing the complaint and all cross-claims against it in an asbestos- related personal injury action filed by Murray N. Walker, Sr., and Barbara Walker. The Court agreed with the plaintiffs that whether Reichhold was a source of Mr. Walker's exposure must be sought through further discovery. Reichhold, the Court noted, has not produced discovery in this case, including its relevant sales records, which it claims to have transferred to another company in connection with Reichhold's sale of its phenolic molding compound division in 1986. Information related to the sales records would determine whether the other company assumed Reichhold's asbestos- related tort liabilities. The case is MURRAY N. WALKER, SR. and BARBARA WALKER, Plaintiffs, v. ABB, INC., et al., Defendants, Docket No. 190433/11, Motion Seq. 003 (N.Y.). A copy of Judge Heitler's August 3, 2012 Decision is available at http://is.gd/LjegEkfrom Leagle.com. ASBESTOS UPDATE: Ct. Denies CBS's Bid to Dismiss or Transfer Case ----------------------------------------------------------------- In an August 6, 2012 decision, Judge Wm. Terrell Hodges of the U.S. District Court for the Northern District of California, San Jose Division, denied CBS Corporation's motion to dismiss for improper venue or, in the alternative, to transfer venue to the District of Idaho, Eastern Division, a civil tort action alleging that plaintiff Admiral William L. Harris was exposed, without warning, to friable asbestos by the defendant's predecessor corporation, Westinghouse Electric Corporation. The exposure, which caused Admiral Harris to develop malignant mesothelioma, allegedly took place at a United States Navy facility in Idaho. The Court noted that the plaintiff has lived in the Northern District of California for more than 30 years and is now of an advanced age and in poor health, making travel difficult. Substantial deference is required to be given to the Plaintiff's choice of forum, especially when, as in this case, there appears to be no suggestion of forum shopping or other motive that would tend to diminish the weight to be given to the plaintiff's choice, the Court added. The case is WILLIAM L. HARRIS and JEAN HARRIS, Plaintiffs, v. CBS CORPORATION, Defendant, Case No. 5:12-cv-00049-EJD (N.D. Calif.). A copy of Judge Hodges' Decision is available at http://is.gd/0gV2lrfrom Leagle.com. ASBESTOS UPDATE: Hormel Dismissed as Defendant in Exposure Suit --------------------------------------------------------------- Judge Timothy D. DeGuisti of the United States District Court, W.D. Oklahoma, dismissed Hormel Foods Corporation as defendant in an asbestos-related personal injury action titled NORMA BOOTENHOFF and EUGENE BOOTENHOFF, Plaintiffs, v. HORMEL FOODS CORPORATION, et al., Defendants, No. CIV-11-1368-D (W.D. Okla.), after concluding that the Court has no general personal jurisdiction over Hormel in the case. Judge DeGuisti also held that Plaintiffs' other arguments are inadequate to establish a prima facie showing that Hormel has systematic and continuous general business contacts in the forum. The factors consistently applied by the Tenth Circuit to assess the existence of such contacts are not present here to an extent which supports the exercise of jurisdiction over Hormel, Judge DeGuisti concluded. A copy of Judge DeGuisti's Decision dated August 7, 2012, is available at http://is.gd/16Migafrom Leagle.com. ASBESTOS UPDATE: NJ Dist. Ct. Denies Bid to Remand Exposure Suit ---------------------------------------------------------------- Elizabeth Lewis filed an asbestos claim against a number of companies and defendant CBS Corporation successfully removed the case to the United States District Court, D. New Jersey, based on federal question jurisdiction. What followed was a complex procedural history that involved the matter being made part of a Multi-District Litigation case before the Eastern District of Pennsylvania granted summary judgment for CBS and reassigned the matter back to this court. The only defendants remaining are Bell Asbestos Mines, Ltd., Metropolitan Life Insurance Company, and General Electric. Plaintiff filed a motion to remand this matter back to New Jersey state court arguing that no independent basis for federal jurisdiction now exists because CBS is no longer a party. In an opinion dated August 7, 2012, Judge Freda L. Wolfson denied Plaintiff's Motion holding that the Court has original jurisdiction pursuant to 28 U.S.C. Section 1332, although questions remain regarding the citizenship of the Defendants. Nevertheless, Judge Wolfson did not decide whether she has subject matter jurisdiction based on diversity because it is clear that the Court has jurisdiction based on the federal officer removal statute, thus raising a federal question. The case is ELIZABETH LEWIS, Individually and as Executrix of the Estate of THOMAS I. LEWIS, Plaintiff, v. ASBESTOS CORP., LTD. et al, Defendants, Civil Action No. 10-650 FLW (D.N.J.). A copy of Judge Wolfson's Decision is available at http://is.gd/DaiAlWfrom Leagle.com. ASBESTOS UPDATE: Wash. Ct. Reverses Decision in Duty to Warn Suit ----------------------------------------------------------------- Leo Macias worked as a tool keeper in a shipyard and his job required that he maintain respirators that other workers wore to filter out dangerous contaminants. Mr. Macias and his wife, Patricia Macias, brought a suit against the respirator manufacturers, alleging that cleaning and maintaining the respirators exposed Mr. Macias to asbestos, causing him to develop mesothelioma. The plaintiffs claim that the manufacturers owed a duty to warn Mr. Macias of the danger that he could be exposed to harmful asbestos dust when he cleaned and maintained the respirators. The respirator manufacturers moved for summary judgment on the ground that as a matter of law under Simonetta v. Viad Corporation, 165 Wn.2d 341, 197 P.3d 127 (2008), and Braaten v. Saberhagen Holdings, 165 Wn.2d 373, 198 P.3d 493 (2008), they owed no duty to warn. The trial court denied the motion. The Court of Appeals reversed, holding that under Simonetta and Braaten the defendants did not owe a duty to warn because they did not manufacture the asbestos-containing products that were the source of the asbestos to which Mr. Macias was exposed. In a decision dated August 9, 2012, the Supreme Court of Washington, deciding en banc, reversed the Court of Appeals after determining that the Simonetta and Braaten do not control the present case. In Simonetta and Braaten, the Supreme Court held that generally a manufacturer does not have a duty to warn of the dangers inherent in a product that it does not manufacture, sell, or supply. However, in this case, the duty at issue is to warn of the danger of asbestos exposure inherent in the use and maintenance of the defendant manufacturers' own products, the respirators. The case is LEO MACIAS and PATRICIA MACIAS, husband and wife, Petitioners, v. SABERHAGEN HOLDINGS, INC., as successor to TACOMA ASBESTOS COMPANY and THE BROWER COMPANY; AMERICAN OPTICAL CORPORATION; AMETEK, INC.; MINE SAFETY APPLIANCES COMPANY; NORTH SAFETY PRODUCTS, USA, Respondents; TODD PACIFIC SHIPYARDS CORPORATION, individually and as successor-in-interest to TODD SHIPYARDS CORPORATION; TODD SHIPYARDS CORPORATION, individually and as successor-in-interest to TODD PACIFIC SHIPYARDS CORPORATION; CBS CORPORATION, a Delaware corporation, f/k/a VIACOM, INC., successor by merger to CBS CORPORATION, a Pennsylvania corporation, f/k/a WESTINGHOUSE ELECTRIC CORPORATION; GENERAL ELECTRIC COMPANY; GOULDS PUMPS (IPG), INC.; and INGERSOLL- RAND COMPANY, Defendants, No. 85535-8 (Wash.). A copy of the Supreme Court's Decision is available at http://is.gd/Yuqxvmfrom Leagle.com. ASBESTOS UPDATE: NY Suits to be Tried in Groups, Court Rules ------------------------------------------------------------ By order of the Administrative Judge dated June 8, 2012, 22 April 2012 in extremis asbestos-related personal injury and wrongful death cases were referred to the Supreme Court, New York County, for trial by jury. Plaintiffs, all represented by the same counsel, now move by order to show cause to join the 22 individual actions for a single trial on the ground that the actions present common issues of law and fact. The remaining defendant, numbering in excess of 80 at the time of the argument of the motion, either through their joint opposition, or their individually filed opposition, raise numerous arguments as to why these cases should be tried separately. The Court, in an August 7, 2012 memorandum, has determined that the 22 actions shall be tried in three groups: one will consist of plaintiffs who have been diagnosed with lung cancer; a second will consist of plaintiffs who have been diagnosed with mesothelioma and who also allege exposure during their time working in the U.S. Navy (including one who worked for the U.S. Merchant Marine); and a third will consist of plaintiffs who have been diagnosed with mesothelioma but who never worked in the Navy. Two plaintiffs -- Glenda Vega and Thomas Neuer -- will be excepted from these sub- groups and will be tried separately and individually. The case is HARRY ADLER, SCOTT DEWITT, EUGENE LEHNERT, JOSEPH MIRABILE, ALAN NUDELMAN, MARK ROCK, ROBERT WEXLER, MURRAY BLONDER, CHARLES CHIDESTER, JOHN DELLARATTA, JOSEPH MILAZZO, WILLIAM MORITZ, IVO PERAICA, ANTONIO PEREZ, ROBERTO ROMAN, FRANK RUGNETTA, RAYMOND SABO, EDWARD SADOWSKI, GEORGE SANTIAGO, GEORGE SMITH, GLENDA VEGA, THOMAS NEUER, Plaintiffs, v. AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, et al., Defendants, Docket No. 190181/11, Motion Seq. No. 002 (N.Y.). A copy of the Supreme Court's August 7, 2012 Decision is available at http://is.gd/ncRbwlfrom Leagle.com. ASBESTOS UPDATE: Ct. Denies CSX's Bid for Bifurcation of Claims --------------------------------------------------------------- Judge Frederick P. Stamp of the United States District Court, N.D. West Virginia, denied CSX Transportation, Inc.'s motion for separate trials of the claims in the third amended complaint against Robert N. Peirce, Jr., Louis A. Raimond, Mark T. Coulter, -- Lawyer Defendants -- and Ray Harron, M.D., and counterclaims related to the complaint. The third amended complaint alleges that the lawyer defendants prosecuted fabricated asbestos claims against CSX Transportation, including a claim filed on behalf of Earl Baylor, and thereby violated the Racketeer Influenced and Corrupt Organizations Act, and the common law of West Virginia. Judge Stamp held that this case is not suited to bifurcation because the lawyer defendants' counterclaims do not hinge solely upon the success of CSXT's claims. Also, Judge Stamp notes, the facts and legal issues presented in the third amended complaint and the counterclaims are inextricably intertwined -- all of the claims relate to allegedly fraudulent conduct in the Federal Employers Liability Act litigation involving Baylor and the past history of CSXT and the defendants with regard to FELA action. Although CSXT asserts that two separate trials would not result in increasing expense, Judge Stamp finds that a bifurcated trial in this matter would substantially increase costs by requiring the parties to re-try issues and re-present facts. Duplication of pretrial pleadings, testimony, and evidence would almost certainly add up to increased costs for both the parties and the Court, Judge Stamp says. Bifurcation would also delay the ultimate resolution of this case, the procedural history of which extends back over five years, he adds. The case is CSX TRANSPORTATION, INC., Plaintiff, v. ROBERT V. GILKISON, PEIRCE, RAIMOND & COULTER, P.C., a Pennsylvania professional corporation a/k/a ROBERT PEIRCE & ASSOCIATES, P.C., a Pennsylvania professional corporation, ROBERT PEIRCE, JR., LOUIS A. RAIMOND, MARK T. COULTER and RAY HARRON, M.D., Defendants, Civil Action No. 5:05CV202 (N.D. W.Va.). A copy of Judge Stamp's August 10, 2012 Decision is available at http://is.gd/E6QqR8from Leagle.com. ASBESTOS UPDATE: 550 New Claims Filed vs. Goodyear Tire in 2Q ------------------------------------------------------------- During the second quarter of 2012, approximately 550 new asbestos- related claims were filed against The Goodyear Tire & Rubber Company, 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 were one of numerous defendants in legal proceedings in certain state and Federal courts involving approximately 76,000 claimants relating to their alleged exposure to materials containing asbestos in products allegedly manufactured by us or asbestos materials present in our facilities. During the second quarter of 2012, approximately 550 new claims were filed against us and approximately 2,200 were settled or dismissed. The amount expended on asbestos defense and claim resolution by Goodyear and its insurance carriers during the second quarter and first six months of 2012 was $1 million and $4 million, respectively. At June 30, 2012, there were approximately 74,350 asbestos claims pending against us. The plaintiffs are seeking unspecified actual and punitive damages and other relief. "To date, we have disposed of approximately 103,300 claims by defending and obtaining the dismissal thereof or by entering into a settlement. The sum of our accrued asbestos-related liability and gross payments to date, including legal costs, by us and our insurers totaled approximately $392 million through June 30, 2012 and $388 million through December 31, 2011. "We recorded a receivable related to asbestos claims of $69 million and $67 million as of June 30, 2012 and December 31, 2011, respectively. We expect that approximately 50% of asbestos claim related losses would be recoverable through insurance through the period covered by the estimated liability. Of these amounts, $9 million and $8 million was included in Current Assets as part of Accounts Receivable at June 30, 2012 and December 31, 2011, respectively. The recorded receivable consists of an amount we expect to collect under coverage-in-place agreements with certain primary carriers as well as an amount we believe is probable of recovery from certain of our excess coverage insurance carriers. "We believe that, at June 30, 2012, we had approximately $160 million in limits of excess level policies potentially applicable to indemnity and defense costs for asbestos products claims. We also had coverage under certain primary policies for indemnity and defense costs for asbestos products claims under remaining aggregate limits, as well as coverage for indemnity and defense costs for asbestos premises claims on a per occurrence basis, pursuant to coverage-in-place agreements at June 30, 2012." The Goodyear Tire & Rubber Company is a manufacturer of tires. The Company, together with subsidiaries and joint ventures, develops, manufactures, markets and distributes tires for a range of applications. The Company also manufactures and markets rubber- related chemicals for various applications. The Company is an operator of commercial truck service and tire retreading centers. ASBESTOS UPDATE: Harsco Corp. Had 18,626 PI Claims at June 30 ------------------------------------------------------------- Harsco Corporation had 18,626 pending asbestos personal injury claims as of 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. In the United States, the Company has been named as one of many defendants (approximately 90 or more in most cases) in legal actions alleging personal injury from exposure to airborne asbestos over the past several decades. In their suits, the plaintiffs have named as defendants, among others, many manufacturers, distributors and installers of numerous types of equipment or products that allegedly contained asbestos. The Company believes that the claims against it are without merit. The Company has never been a producer, manufacturer or processor of asbestos fibers. Any component within a Company product that may have contained asbestos would have been purchased from a supplier. Based on scientific and medical evidence, the Company believes that any asbestos exposure arising from normal use of any Company product never presented any harmful levels of airborne asbestos exposure, and, moreover, the type of asbestos contained in any component that was used in those products was protectively encapsulated in other materials and is not associated with the types of injuries alleged in the pending suits. Finally, in most of the depositions taken of plaintiffs to date in the litigation against the Company, plaintiffs have failed to specifically identify any Company products as the source of their asbestos exposure. The majority of the asbestos complaints pending against the Company have been filed in New York. Almost all of the New York complaints contain a standard claim for damages of $20 million or $25 million against the approximately 90 defendants, regardless of the individual plaintiff's alleged medical condition, and without specifically identifying any Company product as the source of plaintiff's asbestos exposure. As of June 30, 2012, there are 18,626 pending asbestos personal injury claims filed against the Company. Of these cases, 18,126 are pending in the New York Supreme Court for New York County in New York State. The other claims, totaling 500, are filed in various counties in a number of state courts, and in certain Federal District Courts (including New York), and those complaints generally assert lesser amounts of damages than the New York State court cases or do not state any amount claimed. As of June 30, 2012, the Company has obtained dismissal by stipulation, or summary judgment prior to trial, in 26,128 cases. In view of the persistence of asbestos litigation nationwide, the Company expects to continue to receive additional claims. However, there have been developments during the past several years, both by certain state legislatures and by certain state courts, which could favorably affect the Company's ability to defend these asbestos claims in those jurisdictions. These developments include procedural changes, docketing changes, proof of damage requirements and other changes that require plaintiffs to follow specific procedures in bringing their claims and to show proof of damages before they can proceed with their claim. An example is the action taken by the New York Supreme Court (a trial court), which is responsible for managing all asbestos cases pending within New York County in the State of New York. The Court issued an order in December 2002 that created a Deferred or Inactive Docket for all pending and future asbestos claims filed by plaintiffs who cannot demonstrate that they have a malignant condition or discernible physical impairment, and an Active or In Extremis Docket for plaintiffs who are able to show such medical condition. As a result of this order, the majority of the asbestos cases filed against the Company in New York County have been moved to the Inactive Docket until such time as the plaintiffs can show that they have incurred a physical impairment. As of June 30, 2012, the Company has been listed as a defendant in 804 Active or In Extremis asbestos cases in New York County. The Court's Order has been challenged by some plaintiffs. Except with regard to the legal costs in a few limited, exceptional cases, the Company's insurance carrier has paid all legal and settlement costs and expenses to date related to the Company's U.S. asbestos cases. The Company has liability insurance coverage under various primary and excess policies that the Company believes will be available, if necessary, to substantially cover any liability that might ultimately be incurred on these claims. The Company intends to continue its practice of vigorously defending these claims and cases. 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, and although results of operations and cash flows for a given period could be adversely affected by asbestos-related lawsuits, claims and proceedings, management believes that the ultimate outcome of these cases will not have a material adverse effect on the Company's financial condition, results of operations or cash flows. Harsco Corporation is a multinational provider of industrial services and engineered products serving global industries. ASBESTOS UPDATE: Parsons Suit Remains Stayed -------------------------------------------- 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 $1,000,000 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. No further updates were reported in Vector Group Ltd.'s Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. Vector Group Ltd is a holding company. The Company operates in tobacco and real estate. The Tobacco segment consists of the manufacture and sale of cigarettes. The Real Estate segment includes the Company's investments in consolidated and non- consolidated real estate businesses. It is engaged in the manufacture and sale of cigarettes in the United States through its Liggett Group LLC (Liggett) and Vector Tobacco Inc. (Vector Tobacco) subsidiaries, and the real estate business through its New Valley LLC (New Valley) subsidiary, which is seeking to acquire additional operating companies and real estate properties. ASBESTOS UPDATE: Lincoln Electric Still Faces Asbestos Cases ------------------------------------------------------------ Lincoln Electric Holdings, Inc., like other manufacturers, is subject from time to time to a variety of civil and administrative proceedings arising in the ordinary course of business. Such claims and litigation include, without limitation, product liability claims and health, safety and environmental claims, some of which relate to cases alleging asbestos and manganese induced illnesses. The claimants in the asbestos and manganese cases seek compensatory and punitive damages, in most cases for unspecified amounts. The Company believes it has meritorious defenses to these claims and intends to contest such suits vigorously. No further updates were reported in the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. ASBESTOS UPDATE: Graham Corp. Continues to Defend Exposure Cases ---------------------------------------------------------------- Graham Corporation has been named as defendant in certain lawsuits alleging personal injury from exposure to asbestos contained in products made by the Company. The Company is a co-defendant with numerous other defendants in these lawsuits and intends to vigorously defend itself against these claims. The claims are similar to previous asbestos suits that named the Company as defendant, which either were dismissed when it was shown that the Company had not supplied products to the plaintiffs' places of work or were settled for amounts below the expected defense costs. The outcome of these lawsuits cannot be determined at this time. No further updates were reported in the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. ASBESTOS UPDATE: Tyco International Faced 5,200 Suits at June 29 ---------------------------------------------------------------- Tyco International Ltd., as of June 29, 2012, had approximately 5,200 lawsuits pending against it, its subsidiaries or entities for which the Company has assumed responsibility, 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. The Company and certain of its subsidiaries along with numerous other companies are named as defendants in personal injury lawsuits based on alleged exposure to asbestos-containing materials. These cases typically involve product liability claims based primarily on allegations of manufacture, sale or distribution of industrial products that either contained asbestos or were attached to or used with asbestos-containing components manufactured by third-parties. Each case typically names between dozens to hundreds of corporate defendants. While the Company has observed an increase in the number of the lawsuits over the past several years, including lawsuits by plaintiffs with mesothelioma-related claims, a large percentage of these suits have not presented viable legal claims and, as a result, have been dismissed by the courts. The Company's historical strategy has been to mount a vigorous defense aimed at having unsubstantiated suits dismissed, and, where appropriate, settling suits before trial. Although a large percentage of litigated suits have been dismissed, the Company cannot predict the extent to which it will be successful in resolving lawsuits in the future. In addition, the Company continues to assess its strategy for resolving asbestos claims. Due to the number of claims and limited amount of assets at one of the Company's non-operating subsidiaries, the Company is pursuing alternatives for this subsidiary, including a negotiated settlement with representatives of all current and future asbestos claimants against such subsidiary. While the Company has not finalized its approach, if the Company is ultimately successful with this alternative, it will likely assign rights to certain insurance assets and make a cash payment in order to fully resolve the claims against the subsidiary. As of June 29, 2012, there were approximately 5,200 lawsuits pending against the Company, its subsidiaries or entities for which the Company has assumed responsibility. Each lawsuit typically includes several claims, and the Company has determined that there were approximately 6,100 claims outstanding as of June 29, 2012, which reflects the Company's current estimate of the number of viable claims made against it, its affiliates or entities for which it has assumed responsibility in connection with acquisitions or divestitures. This amount includes adjustments for claims that are not actively being prosecuted, identify incorrect defendants or are duplicative of other actions. Annually, during the Company's third quarter, the Company performs an analysis with the assistance of outside counsel and other experts to update its estimated asbestos-related assets and liabilities. In addition, on a quarterly basis, the Company re- evaluates the assumptions used to perform the annual analysis and records an expense as necessary to reflect changes in its estimated liability and related insurance asset. The Company's estimate of the liability and corresponding insurance recovery for pending and future claims and defense costs is based on the Company's historical claim experience, and estimates of the number and resolution cost of potential future claims that may be filed. The Company's legal strategy for resolving claims also impacts these estimates. The Company considers various trends and developments in evaluating the period of time (the look-back period) over which historical claim and settlement experience is used to estimate and value claims reasonably projected to be made in the future during a defined period of time (the look-forward period). As part of the Company's annual valuation process in the third quarter of fiscal 2012, the Company determined that a look- back period of three years was more appropriate than a five-year period because the Company has experienced a higher and more consistent level of claims activity and settlement costs in the past three years. As a result, the Company believes a three year look-back period is more representative of future claim and settlement activity than the five year period it previously used. The Company also revised its look-forward period from seven years to 15 years. The Company's decision to revise its look-forward period was primarily based on improvements in the consistency of observable data and the Company's more extensive experience with asbestos claims since the look-forward period was originally established in 2005. The revisions to the Company's look-forward and look-back periods do not apply to claims made against the subsidiary described above for which the Company is pursuing alternatives, including a negotiated settlement with representatives of all current and future asbestos claimants. Excluding these claims, the Company believes it can make a more reliable estimate of pending and future claims beyond seven years. The Company believes valuation of pending claims and future claims to be filed over the next fifteen years produces a reasonable estimate of its asbestos liability, which it records in the consolidated financial statements on an undiscounted basis. The Company's estimate of asbestos-related insurance recoveries represents estimated amounts due to the Company for previously paid and settled claims and the probable reimbursements relating to its estimated liability for pending and future claims. In determining the amount of insurance recoverable, the Company considers a number of factors, including available insurance, allocation methodologies, and the solvency and creditworthiness of insurers. During the third quarter of fiscal 2012, the Company reached an agreement in principle with one of its primary insurance carriers for asbestos related claims. In connection with the settlement, the Company also expects to terminate a cost- sharing agreement that it had entered into with an entity that it had acquired a business from several decades ago and as a result, has access to all of the insurance policies and is responsible for all liabilities arising from asbestos claims made against the subsidiary that was acquired. Under the terms of the settlement, the Company agreed with the insurance carrier to accept a lump sum cash payment of $97 million in respect of certain policies, and has reached a coverage-in-place agreement with the insurance carrier with respect to certain claims. The Company recorded a net charge of $114 million during the quarter ended June 29, 2012. As of June 29, 2012, the Company's estimated net liability of $154 million was recorded within the Company's Consolidated Balance Sheet as a liability for pending and future claims and related defense costs of $436 million, and separately as an asset for insurance recoveries of $282 million. The Company believes that its asbestos-related liabilities and insurance-related assets as of June 29, 2012 are appropriate. Similarly, as of September 30, 2011, the Company's estimated net liability of $82 million was recorded within the Company's Consolidated Balance Sheet as a liability for pending and future claims and related defense costs of $306 million, and separately as an asset for insurance recoveries of $224 million. The amounts recorded by the Company for asbestos-related liabilities and insurance-related assets are based on the Company's strategies for resolving its asbestos claims, currently available information, and a number of estimates and assumptions. Key variables and assumptions include the number and type of new claims that are filed each year, the average cost of resolution of claims, the resolution of coverage issues with insurance carriers, amount of insurance and the solvency risk with respect to the Company's insurance carriers. Furthermore, predictions with respect to these variables are subject to greater uncertainty in the later portion of the projection period. Other factors that may affect the Company's liability and cash payments for asbestos- related matters include uncertainties surrounding the litigation process from jurisdiction to jurisdiction and from case to case, reforms of state or federal tort legislation and the applicability of insurance policies among subsidiaries. As a result, actual liabilities or insurance recoveries could be significantly higher or lower than those recorded if assumptions used in the Company's calculations vary significantly from actual results. Tyco International Ltd is a Switzerland-based holding company of Tyco Group. The Tyco Group (the Group) is a diversifies, global provider of diversified products ranging from electronic security and alarm monitoring to fire-fighting equipment and breathing apparatus, water purification and flow control solutions. ASBESTOS UPDATE: Allstate Corp. Had $1.03BB Reserves at June 30 --------------------------------------------------------------- The Allstate Corporation's reserves for asbestos claims were $1.03 billion and $1.08 billion, net of reinsurance recoverables of $500 million and $529 million, as of June 30, 2012, and December 31, 2011, respectively. Reserves for environmental claims were $181 million and $185 million, net of reinsurance recoverables of $38 million and $40 million, as of June 30, 2012 and December 31, 2011, respectively. Approximately 58% and 59% of the total net asbestos and environmental reserves as of June 30, 2012 and December 31, 2011, respectively, were for incurred but not reported estimated losses. Management believes its net loss reserves for asbestos, environmental and other discontinued lines exposures are appropriately established based on available facts, technology, laws and regulations. However, establishing net loss reserves for asbestos, environmental and other discontinued lines claims is subject to uncertainties that are much greater than those presented by other types of claims. The ultimate cost of losses may vary materially from recorded amounts, which are based on management's best estimate. Among the complications are lack of historical data, long reporting delays, uncertainty as to the number and identity of insureds with potential exposure and unresolved legal issues regarding policy coverage; unresolved legal issues regarding the determination, availability and timing of exhaustion of policy limits; plaintiffs' evolving and expanding theories of liability; availability and collectability of recoveries from reinsurance; retrospectively determined premiums and other contractual agreements; estimates of the extent and timing of any contractual liability; the impact of bankruptcy protection sought by various asbestos producers and other asbestos defendants; and other uncertainties. There are also complex legal issues concerning the interpretation of various insurance policy provisions and whether those losses are covered, or were ever intended to be covered, and could be recoverable through retrospectively determined premium, reinsurance or other contractual agreements. Courts have reached different and sometimes inconsistent conclusions as to when losses are deemed to have occurred and which policies provide coverage; what types of losses are covered; whether there is an insurer obligation to defend; how policy limits are determined; how policy exclusions and conditions are applied and interpreted; and whether clean-up costs represent insured property damage. Management believes these issues are not likely to be resolved in the near future, and the ultimate costs may vary materially from the amounts currently recorded resulting in material changes in loss reserves. In addition, while the Company believes that improved actuarial techniques and databases have assisted in its ability to estimate asbestos, environmental, and other discontinued lines net loss reserves, these refinements may subsequently prove to be inadequate indicators of the extent of probable losses. Due to the uncertainties and factors described above, management believes it is not practicable to develop a meaningful range for any such additional net loss reserves that may be required. No further updates were reported in the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarterly period ended June 30, 2012. The Allstate Corporation is a holding company for Allstate Insurance Company. The Company's business is conducted principally through Allstate Insurance Company, Allstate Life Insurance Company and their affiliates. It is engaged, principally in the United States, in the property-liability insurance, life insurance, retirement and investment product business. ASBESTOS UPDATE: 36,000 Razed Christchurch Homes Eyed for Cleanup ----------------------------------------------------------------- Amanda Cropp of The New Zealand Herald reports that up to 36,000 quake-damaged Christchurch homes may be tested for asbestos providing a bonanza for companies in the asbestos testing and removal business. Asbestos fibers are a potential health hazard because of their association with cancer and were used building materials, such as textured ceilings, cladding, roofing, and in backing for older floor tiles and vinyl. The material normally poses little risk unless disturbed -- which is increasingly an issue in Christchurch were so many damaged homes are being repaired or demolished. Fletcher EQR is managing repairs on about 80,000 Christchurch homes and says all houses built between 1940 and 1990 which have damaged ceilings will have to be tested for asbestos. EQR says the figure of 36,000 is consistent with estimates based on historical building data but it is too early to say how many homes will return positive results. However industry sources suggest about half the samples being collected (often more than one per property) are positive, and the number of homes needing remedial work on asbestos could run to thousands. Capital Environmental Services (CES) in Wellington does bulk asbestos testing and consultant Linda Dwyer says Christchurch samples now make up 80% of the company's work load, whereas previously it was only 5 or 10%. Over recent weeks CES has received between 40 and 60 samples a day from Christchurch buildings, mostly residential properties, and so far this year just under 40% of textured ceilings have tested positive for asbestos. Chemsafety collects samples and checks homes to ensure they are safe to reoccupy once asbestos-related repairs are completed. Company owner Mike Gray says work in Christchurch has increased markedly and of the 200 samples a week sent to Auckland for testing, about half show asbestos is present. "The textured ceilings that look like oat meal, 80% of them come back positive for asbestos." Removing damaged asbestos ceilings costs between $90 and $130 per square meter and one company specializing in this work has quoted to treat close to 500 homes since the quakes started almost two years ago. Another company, Canterbury Heating Ltd, has about 150 houses on its books awaiting attention and owner John Wilder says the scale of the work is mindboggling. "Nobody really realized what a huge job we have got in front of us, it's thousands of houses." EQR has four options for dealing with damaged ceilings containing asbestos. They include covering with plaster board (encasement), repairing (raking out, re-plastering and painting), sealing with paint or resin, or complete removal and replacement. Wilder says the disadvantage of encasement is that it poses a future risk to DIY homeowners or tradesmen unaware asbestos is present. "If you cover it up with gib board and an electrician drills a hole to put a down light in and gets asbestos on himself, he's going to go ape." In May Canterbury District Health Board CEO David Meates raised concerns about encasement because he said nailing up batons to erect false ceilings disturbed asbestos-containing material and this method also covered up a significant issue which would still need to be addressed at some stage in the future. The Labour Group of the Ministry of Business, Innovation and Employment has talked to contractors about asbestos at hazard identification workshops run in Christchurch. Labour Group Christchurch Service manager Margaret Radford says ideally asbestos should be removed from buildings; however there are situations where encapsulation, sealing or covering may be acceptable alternatives. "We do not have any reason to express concern over the standard of work done to date." Chemsafety's Mike Gray says an asbestos register is needed so buyers of commercial or residential buildings can establish whether asbestos is present and where it is located. EQR provides homeowners with records of repair work carried out on quake-damaged properties, but the Christchurch City Council says owners are not obliged to lodge copies of those documents on council property files where they can be viewed by prospective buyers. ASBESTOS UPDATE: Fibro Cleanup Temporarily Closes Hale Road School ------------------------------------------------------------------ Bill Sheil at Fox8.com reports that officials of the Riverside Local Schools District have come up with a plan on where students will begin fall classes after asbestos was discovered earlier at Hale Elementary. "It was a challenge, because we found out about this Monday morning (Aug. 6)," said superintendent Jim Kalis. The asbestos was discovered after some construction workers accidentally loosened some floor tiles. The old insulating material is not dangerous when it's sealed, but has been linked to cancer once it's airborne. Test results were mostly negative, but some spots at the school did show the presence of asbestos. "As a precaution, we chose to close the building down," Kalis said. Fourth and fifth graders from Hale will now go to a district middle school. Kindergarten through third grade will hold classes in the education wing of the Painesville Assembly of God church. Kalis said the asbestos removal is expected to take a month or two. All students will be offered transportation to their alternative school locations until Hale is reopened. Hale Road School Sends Out Fibro Alert Tim Misny at WOIO reports that Hale Road Elementary may remain closed past the start of the school year after the presence of asbestos was detected in the building. School officials placed a sign on the front door of the school warning people to stay out. Parents and students in the Riverside School District received a reverse phone call and e-mail alerting them of the situation: "Good afternoon, this is Superintendent James Kalis calling with an important message about Hale Road Elementary School. As some of you may be aware summer time is a busy time in our schools, much work is done to prepare them for the start of the new school year. This year was no exception, during routine summer construction and maintenance work the existence of asbestos was found at Hale Road Elementary. We believe this happened when asbestos was disturbed during the construction process. We immediately halted the summer construction and maintenance work and are working with a firm to clean and restore the building to safe levels. "Unfortunately, we were notified that the complete clean-up will not be done in time to start the new school year. Please know we are doing everything possible to secure an alternate school location to start the school year for your students, who normally attend Hale Road Elementary School. We will continue to provide you with updates as they become available and will post this information on the district web site. "We thank you for your patience as we work to resolve this issue." ASBESTOS UPDATE: Peru Central School Renovation Stirs Up Fibro -------------------------------------------------------------- Ashleigh Livingston of the Press-Republican reports that summer renovations to Peru Central Intermediate School have necessitated additional asbestos abatement. The hazardous material was recently removed from hallway ceilings on both floors of the Intermediate School after it was unexpectedly disturbed during renovations to the building. Peru Central School Superintendent Dr. Patrick Brimstein said the abatement came at a cost of $20,000. Earlier in the summer, asbestos, which was used in the past in building materials as an insulator and fire retardant, was also abated from floor tiles in the Intermediate School. The district, however, did not anticipate having to remove it from the building's ceiling, Brimstein said. "In 1938, when this building was constructed, asbestos was commonly used," he wrote in an email to the Press-Republican. "This was before people knew about the dangers." But while it is now known to cause a serious lung condition known as asbestosis, it is only when the material becomes disturbed and its fibers airborne that it poses a health risk. Brimstein said the district was aware of the asbestos in the ceiling, but expected to find it safely fixed in place. Instead, when the old ceiling tiles were being removed, the asbestos began to break off. The material has been safely abated from both the first and second floor hallways of the building, he said, and the air on the first floor was tested and deemed free of asbestos fibers. The district is now awaiting results of second-floor air tests before continuing with installation of new ceiling tiles there. Brimstein said he has been told by the building crew that the renovations will be completed on schedule and in time for the start of the upcoming school year despite the setback. "I'm pushing pretty hard behind the scenes to make sure that happens," he said. In addition to the new flooring and ceilings, the renovations also include building improvements in preparation for incoming sixth- graders, who will be housed in the Intermediate School in 2012-13. Due to budget constraints, the School Board opted to relocate the classes there from the Middle School. Brimstein said he is committed to making sure construction is completed in time for staff associated with the sixth-grade move to get settled into the new work environment before students arrive. The Intermediate School renovations are part of the final phase of Peru Central's district-wide EXCEL capital improvement project, which was approved by voters in March 2008. The work encompassed the modernization of heating, window and ventilation systems; flooring and bathrooms; the renovation of several program spaces, including the High School auditorium and gymnasium; and lighting components in a number of classrooms. "The bulk of the work was done in the first two phases of the project," Brimstein said. Due to the unexpected abatement expenditure, some minor improvements to the Intermediate School building, such as painting, will be done by the district's Buildings and Grounds crews. That way, he said, costs can be minimized. "When there's a safety issue, that trumps all," Brimstein said. ASBESTOS UPDATE: Kubota Expected to Appeal JPY32 Million Verdict ---------------------------------------------------------------- The Yomiuri Shimbun (Japan) reports that the Kobe District Court has ordered major machinery manufacturer Kubota Corp. to pay about JPY32 million to the family of a man who worked near a Kubota factory in Amagasaki, Hyogo Prefecture, recognizing that his death from pleural mesothelioma was caused by asbestos released from the plant. This is the first time a court has ruled that a company's responsibility for asbestos-related damage extends to areas around its facilities. The suit was filed by the families of two people killed by the asbestos-linked disease, but the ruling said Kubota was only responsible to pay damages for one of the deaths. The plaintiffs had also demanded compensation from the government, but the court ruled the state was not liable. According to the ruling handed down Tuesday, Aug. 7, Kojiro Yamauchi of Amagasaki, who died at 80 years old in 1996, worked at a factory about 200 meters away from Kubota's former Kanzaki factory for about 20 years until 1975. The families of Yamauchi and a woman who also died of the disease had demanded a total of JPY79 million from Kubota and the government. Presiding Judge Yoshihiro Konishi recognized that Yamauchi's death was related to asbestos from the Kubota plant and ordered the company to pay JPY31.95 million in damages to his family. The plaintiffs are expected to appeal the decision to a higher court, as they expressed dissatisfaction that the court did not hold the state responsible. The court acknowledged both Yamauchi and Ayako Yasui, also of Amagasaki and who died at 85 years old in 2007, developed pleural mesothelioma because of asbestos. Yasui lived at two places within 1.5 kilometers of the Kanzaki plant for 35 years, and shopped in an area near the factory every day over a certain period of time, according to the plaintiffs. The ruling said Kubota was liable for the death of Yamauchi because the factory used large amounts of asbestos. In his ruling, Konishi referred to an expert opinion on mesothelioma that stated the area near the factory, including Yamauchi's workplace, carried a considerable risk of the disease because of the asbestos released from the plant. ASBESTOS UPDATE: UK Agency Probes Dale Farm Contamination --------------------------------------------------------- Billericay Gazette at Thisistotalessex.co.uk reports that the Environment Agency is sending inspectors to Dale Farm to gather evidence of contamination reportedly unearthed during the eviction of travelers. Should contaminants be found by the government team of consultants, Basildon Council might be forced to relay hardcore in order to contain the pollutants. Gypsy campaigners claim that asbestos, oil and scrap metal were exposed in October's eviction, posing a health risk to travelers and neighboring residents in Crays Hill. Soil samples will be taken for analysis over two days next week and the report, which will take six weeks to complete, will assess if there is any contamination. Traveller campaigner Stuart Carruthers said he raised the issue of contamination with Basildon Council in the aftermath of the eviction. He claims the authority failed to act, so he took up the issue with the Environment Agency in November. "It will clarify once and for all if there's pollution," said Mr. Carruthers. "I have been down many times since the clearance and you can see lumps of asbestos there." Campaigners claim the contaminants originate from when the land was used as an unregulated landfill site prior to the travelers taking ownership. By removing hardcore and digging down several feet during the GBP7.2 million eviction, it is claimed council contractors exposed the pollutants. "It's ludicrous it has got to this situation," said Mr. Carruthers. He also said the gypsies could sue the council for negligently exposing a landfill site on their land. The Gazette revealed in June that the agency was to investigate claims of contamination The agency has also confirmed that should pollution be found at the five-acre site, the party responsible for the damage will be liable to resolve the situation, plus the costs of the investigation. Leader of Basildon Council, councilor Tony Ball, said: "I am clear that if there any breaches it is not the council that has done it, the land is in private ownership. "I am clear that we did not disturb any asbestos. Any other infringements have been caused by other parties." Mr. Ball said he did not envisage the council having to pay out any further costs. "The point is the council didn't dump those items," he said. "They were brought illegally by the owners of the land at the time. My understanding is it is not the council that's guilty." Dale Farm has also become a magnet for fly-tippers. The Gazette has seen human excrement on site and neighbors have reported a rise in rats and foxes. The Environment Agency said: "Once we have the report, we will know more about what needs to happen next." ASBESTOS UPDATE: Impact of Early Meso Detection Questioned ---------------------------------------------------------- Tim Povtak of The Mesothelioma Center reports that early detection of cancer is a proven, effective tool in treating many variations of the disease. And it remains a focus for research in the field of mesothelioma. Yet it might be little more than fool's gold in this case. There are no guarantees. Even leaders in the field, those working tirelessly to find in-roads to help people who develop mesothelioma, admit there is no definitive proof that early detection of mesothelioma actually can extend anyone's chances of survival. "We are making some measured progress (in early detection)," said thoracic surgeon Robert Cameron, M.D., scientific advisor of the Pacific Meso Center in Los Angeles, California. "But it is very hard to demonstrate that we are doing anything more than just detecting the disease earlier. People are aggressively pursuing this area of research, but how fertile it will be to actually making an impact on patient survival, remains to be seen." Mesothelioma is the cancer caused almost exclusively by an exposure to asbestos. It affects the thin, protective membrane surrounding the lungs, heart or abdominal cavity. Microscopic asbestos fibers are inhaled or ingested. They most often become lodged in that lining of the lungs, called the pleura, and over time cause inflammation, scaring, and genetic damage, setting the stage for pleural mesothelioma. It can take 10 to 50 years after an initial exposure to asbestos before mesothelioma symptoms can appear to the point where someone acknowledges there is something wrong. By the time the cancer is detected, it is often so developed that there is a poor prognosis. Life expectancy typically is in the range of seven to 18 months. In theory, earlier detection should lead to more effective treatment options. It works with many cancers, catching the tumors while still small, and when they can be more easily removed or treated. Advances in early detection of mesothelioma have come primarily in three categories: 1. Early radiographic detection through chest X-rays, CT scans, MRI's and PET scans. The screening of patients with a history of asbestos exposure, often before a patient becomes symptomatic with coughing, shortness of breath, or chest pains, which all can be early signs of mesothelioma, has shown promise. But they often can't differentiate between mesothelioma and other less-serious asbestos-related problems. 2. Biological molecules, or biomarkers, are being identified and can be detected from simple blood or urine tests. These already are being used with other cancers like prostate and colon. This involves chemically-modified DNA molecules that specifically bind to proteins identified with mesothelioma in its earliest stages. There are a number of studies currently being done in various labs, and the early results have been encouraging. 3. Breath testing with an electronic nose is an even newer concept gaining traction. It is completely non-invasive -- making it ideal for early screening -- adapted from a concept that has been used for years to detect chemicals. Airport security today uses a form of this breath testing to detect potential explosives. Although still in its formative stages, a breath print can be established to detect scents exclusive to certain diseases. "There is nothing quite ready yet for prime time, but stay tuned," said Harvey Pass, M.D., professor of thoracic oncology at the NYU Langone Medical Center, whose laboratory is doing extensive studies of early detection. "There are a lot of people who are concerned with finding therapies now for patients with late-stage disease, which is extremely important, but the real gains will be made from finding it (mesothelioma) earlier. Treatments will work better. It could be very important in turning this into a chronic illness." Mesothelioma is diagnosed in approximately 3,000 Americans each year, which is only a fraction of those found with other more prominent cancers like breast and lung cancer. The rarity has resulted in fewer studies, fewer trials and slower advances in treatment and diagnostics. The typical treatment for mesothelioma now includes a multi- modality approach that includes surgery, chemotherapy and radiation. And while advances in treatment have occurred -- many patients are living longer -- there has been no consistent, across-the-board success related to earlier diagnosis. "No matter what some people say, there really aren't very effective therapies yet (for mesothelioma)," Cameron said. "And there is absolutely no evidence that surgery, chemotherapy and radiation would be more effective if given at this earlier stage." Cameron has company in his belief that an earlier diagnosis will not automatically lead to longer survival rates. He said that the calculations of those rates can be deceptive -- lead-time bias -- because they often just start the clock ticking earlier with the same ending date. One of the reasons for Cameron's skepticism is the nature of mesothelioma cancer, which is very complex and different from other cancers. Every tumor, even at the earliest stage, is diffuse. The entire pleural surface is involved. The cancer often cannot be removed like a small nodule could. "People make the assumptions that earlier stage diagnosis of mesothelioma means more treatment options and living longer, but unfortunately, we don't know that to be true," said Daniel Sterman, M.D., director of the Thoracic Oncology Gene Therapy Program at the University of Pennsylvania Medical Center. "It just hasn't been proven. It's tempting to make those assumptions -- to extrapolate from other cancers -- but they don't always work." The lack of a proven, minimally-invasive diagnostic tool is another reason there has not been a widespread call for early screening for mesothelioma. There are particular occupations more vulnerable to asbestos exposure, but patients have come from all walks of life. Asbestos, through much of the 20th century, was everywhere in the United States. "The population-at-risk is huge. The number of people who actually develop the disease is small," Sterman said. "We have the tools to do it, but screening large populations, with all the false positives and false negatives, might not be very effective." Pass, Sterman and Cameron all have been treating mesothelioma patients for many years. All three are encouraged by the advances in early-diagnosis for lung cancer, but they point out how different mesothelioma can be from any other cancer. "The only way we definitively can tell we are making a difference (with early diagnosis) would be if the treatment effect were huge," Cameron said. "And right now, that is very hard to demonstrate." ASBESTOS UPDATE: Melbourne Widow Gets $476,000 WorkCover Payout --------------------------------------------------------------- According to an article posted at Australian law firm Slater & Gordon's Web site, a former Toyota employee's widow wants asbestos settlement to be a lesson for others. A year after tragically losing her husband to asbestos-related cancer, Melbourne widow Lisa Mugg has described a WorkCover settlement in excess of half a million dollars as bittersweet. The Seaford resident, whose husband Farid Moghaddas contracted mesothelioma after being exposed to asbestos when he worked at Toyota's Port Melbourne factory in the 1980s, will receive $476,000 plus interest and a pension for three years. Lisa wants the settlement to send a message to other families devastated by the deadly disease that they are entitled to pursue compensation for their loss. "There is a lot of confusion around compensation and asbestos, particularly when it comes to entitlements for surviving family members," Lisa said. Lisa, who has been involved in asbestos support groups including Asbestoswise, said nothing could make up for the pain of losing her beloved husband but the settlement would provide some relief. "I'd describe it as bittersweet," Lisa said. "Frankly it has allowed me to survive financially while I'm dealing with my grief and it brings me some relief to know that my husband would be satisfied that my welfare has been taken care of." Slater & Gordon workers compensation lawyer James Casey, who worked on Lisa's claim, said the amount she will receive was the maximum payable to surviving spouses under WorkCover legislation. "Lisa is an incredibly strong woman who was dedicated to her husband and they expected to live long and happy lives together," Mr. Casey said. "The WorkCover compensation that she will receive will hopefully provide her with financial security. But nothing can ever compensate the fact that Lisa's loving husband has been cruelly taken away from her by a horrible disease that was caused by his work." Lisa said her life changed forever in 2007 when Farid, aged 49, went for a check-up to see what was causing pains in his rib area. Tests confirmed he had contracted mesothelioma and he was given four years to live. The pair married the following year after a ten-year relationship. Decaying asbestos sheets at Toyota's Port Melbourne factory, where Farid worked in cost analysis between 1988 and 1991, were pinpointed as the cause of his cancer. "Farid was from Persia and the meaning of his name is 'unique', and that was him," Lisa said. "He was a man who was wonderful with people, showed incredible tolerance and patience and was loved by many. He had a wonderful fighting spirit and was just a wonderful husband." "To see him go on without complaint and with his usual positivity as he accepted his fate was inspiring but, in the end, it was heartbreaking to see him withdraw from the things he liked to do like tinkering with cars and even just walking. His last months were spent breathing through an oxygen mask." Lisa was forced to quit her job in marketing in 2009 to care for her husband until he died on July 23 last year. Lisa said more still needed to be done in the general community to highlight the dangers of asbestos, which was still present throughout the community "Someone can take down a toolshed in the backyard with a few mates over the weekend and there is this false belief that you need to be working with asbestos for a long time to get sick, but that's not the case," she said. "It can be one inhalation, one exposure and that can be enough and that's what people need to know. Of course there are a lot of factors that have to come together but people need to be aware of those." ASBESTOS UPDATE: Watauga Leaders Grant Additional Abatement Funds ----------------------------------------------------------------- Steve Frank at Goblueridge.net reports the Watauga Commissioners voted Tuesday, Aug. 7, to take funds from the reserve set aside for the old Watauga High demolition to pay for additional asbestos abatement, with more found as workers take apart interior areas of the school. Commissioners approved something over $37,000 from the $100,000 reserve fund to deal with the additional asbestos, which has to be cleared before the rest of the building can be torn down. Commissioner David Blust voted against the expense as a continuation of his opposition to the destruction of the old school. ASBESTOS UPDATE: SOS Says Containers at La Collette Releases Fibro ------------------------------------------------------------------ Mark McQuillan at Channelonline.tv reports that an environmental campaign group, Save Our Shoreline (SOS), in Jersey have raised concerns that asbestos isn't being stored safely. Save Our Shoreline claim the material which are being kept in containers at La Collette, are not airtight, and that it is possible fibers are being released. Transport and Technical Services say they are confident that is not happening but do want to find a long term, alternative solution to the containers. ASBESTOS UPDATE: 75% to 82% of Devon Public Schools Have Fibro -------------------------------------------------------------- Jenny Kumah of BBC News Devon reports that asbestos is present in about 75% of council-run schools in Devon, according to figures obtained under the Freedom of Information (FoI) Act. Some people want it completely removed, but a government expert said disturbing it could be more harmful. Asbestos, which used to be a common building material, is no longer used. Education authorities in Devon, Torbay and Plymouth have insisted regular checks are done to ensure asbestos does not pose a health risk. The National Union of Teachers is campaigning for a program to remove asbestos as well as a national audit of asbestos in schools to get a country-wide picture of the situation. ATaC (asbestos testing and consultancy) which offers independent advice on the management of asbestos reported its concerns to the government in 2010, after a random national survey of 12 schools highlighted serious concerns. Spokesman Andy Jackson said: "If asbestos is properly managed it's a safe material, but not all schools are managing it properly and that's when it can be a problem." The report said none of the schools it surveyed were fully compliant with HSE guidance, only four had an adequate standard of asbestos management, while the majority had standards which were "either ineffective or unworkable and with the potential to cause a contamination or exposure incident." The FoI request showed that 84% of Plymouth's council-maintained schools and 60% of Torbay's, contained asbestos. In Devon, 82% of schools run by the county council have, or are presumed to have, the material in its buildings. There has been one successful legal claim against Devon County Council in the last decade for asbestos exposure in a school, which resulted in a compensation payout of GBP8,000. Pete Nash, of the Plymouth Association of Primary Head Teachers, said there was a strict monitoring of schools, with risk assessments carried out every month. "The more dangerous asbestos was taken out of our schools years ago," he said. The disease, which can take decades to develop, affects the thin lining of the chest and abdomen. Exposure to asbestos dust and fibers is believed to be responsible for most mesothelioma cases. The Health and Safety Executive said, statistically speaking, the number of teachers dying from asbestos-related conditions was in line with the average for all occupations. Michael Lees, who set up the Asbestos in Schools Group following the death of his wife Gina -- a supply teacher who died in 2000 from the asbestos-related condition mesothelioma after a 30-year teaching career -- would like to see all the material removed. "Progressive government's have had this policy that it's safer to leave it in place and manage it without addressing the problem," he said. "If they adopted this policy we're asking them to do -- identify the asbestos, set your priorities to remove the most dangerous asbestos first -- you then incrementally solve the problem." Professor David Philips, chairman of the government's committee of carcinogenicity, said the government policy was to manage the exposure of asbestos in schools. "Once you start disturbing it you could be creating a greater problem than leaving it where it is, if it's not properly managed," he said. ASBESTOS UPDATE: Illegal Fibro Dumping A Growing Concern -------------------------------------------------------- Joe Sullivan of ABC News reports that the Environment Protection Authority (EPA) says illegal dumping is a growing concern in South Australia's regional areas, with abandoned asbestos a particular problem. The authority says a recent clean-up near Port Pirie highlights the issue. A hydrocarbon spill was detected at a site known as Red Creek between Port Pirie and Port Germein in April. The EPA paid for up to 6,000 liters of liquid to be pumped out at the time but locals say vegetation is dying off months later. Tony Williams from the EPA's illegal dumping unit says it is not an isolated incident. "It is something that's very frustrating," he said. "We are not set up as the agency to be conducting clean-up of people's laziness." Mr. Williams says the perpetrators are unlikely to be found and encouraged people to report dumping if they see it happening. "They are criminal offences similar to stealing or assaulting people, so we require the same burden of proof," he said. "It is difficult to follow some of these things up." He says calls to the unit about illegal dumping around South Australia are increasing and are mostly about asbestos. ASBESTOS UPDATE: Macias v. Saberhagen Asbestos Case Reviewed ------------------------------------------------------------ Bruce Ramsey of The Seattle Times discussed a case about a business's responsibility for an injured worker, as came down from the Washington Supreme Court Thursday, Aug. 9 (Macias v. Saberhagen Holdings): From 1978 to 2004, Leo Macias was tool keeper at Todd Shipyards in Seattle. As part of his job he would take respirators from shipyard workers who had been working with asbestos and were finishing their shifts. He would chuck the respirators into a basket, sometimes causing "little poofs of dust." Later he would go through the respirators, taking out the dusty filters and throwing them away. In 2008, he was diagnosed with mesothelioma, a type of cancer typically caused by asbestos dust. According to the Court, Macias "maintained that he did not know he was at risk from exposure to the asbestos dust coating the used respirators and filters and that he never saw a warning to take precautions when handling and maintaining them such as wearing a respirator himself or wetting the respirators before disassembling them." "Whose fault is this? It did not happen in the 1940s. It happened in the 1980s, 1990s and 2000s. The first fault is the worker's himself. A worker in today's world is assumed to use his intelligence. It's common knowledge that asbestos is deadly, and it was common knowledge in the 1980s. An intelligent worker should not take risks like this. If his boss expects it of him, he should tell the boss where to get off," Mr. Ramsey wrote. Mr. Ramsey also said, "The second fault is the employer's. If you've got an employee chucking respirators into a bin and making "little poofs" of asbestos dust, you have a responsibility to correct that. And not in 10 or 20 years. Right away. Todd Shipyards is one of the defendants, as it should be." Thursday's court ruling was not about the shipyard. It was about the responsibility, if any, of the companies that had made the respirators and the filters. The man who got sick, Macias, was arguing that these manufacturers should be liable, too, because they had not provided any warnings for the people who cleaned their equipment. The manufacturers argued that their equipment was not dangerous. They hadn't put asbestos dust on it. Somebody else had. That's a lame argument. The Court's majority -- Chief Justice Barbara Madsen and justices Tom Chambers, Mary Fairhurst, Debra Stephens and Charles Wiggins -- argued that the respirators were designed to be used with asbestos. The risk to the worker cleaning the respirators was bound to come up, and therefore the manufacturer had a duty to warn him. "I think there is such a duty. The warning should be put on the box the respirator comes in, so that the buyer of the respirator knows it. Probably a warning should put it on the respirator itself, if it could reasonably be done," Mr. Ramsey said. The Courts dissenters -- Justices Jim Johnson, Charles Johnson, Susan Owens and Gerry Alexander -- argued that the respirators were designed to protect workers from a number of contaminants, not just asbestos, and they can't warn the user about all of them. That's a point, but not crucial. A general warning about taking precautions when respirators have been used with dangerous contaminants would have been enough. The dissenters also argue that respirators are safety equipment, and that penalizing the maker of safety equipment tends to undermine "the promotion of safe products." Interesting point. Maybe it does. "To me, the main thing is that in the queue of responsibility, the manufacturer of the safety equipment is not at the head of the line. He's in third place, at most. The big responsibility, in my opinion, is of the employer to provide a safe workplace and the worker to look out for himself," Mr. Ramsey wrote. "That a case like this would happen at a major Seattle employer in the late 20th and early 21st century is shameful. We can do better than this," Mr. Ramsey added. ASBESTOS UPDATE: El DuPont Nemours, 3 Others Face Lawsuit --------------------------------------------------------- John Suayan of The Southeast Texas Record reports that the family of the late John B. Fielder has filed suit against a slew of companies in response to his death from lung cancer two years ago, recent court documents say. A lawsuit filed July 25 in the Southern District of Texas, Galveston Division asserts that El DuPont Nemours and Co., 4520 Corp., Foster Wheeler Energy Corp. and Zurn Industries LLC contributed to Fielder's illness and eventual death on July 28, 2010. DuPont employed Fielder at its facilities in La Porte as a pipe fitter from 1955 to 1961. According to the suit, he was exposed to asbestos dust and fibers during that time which resulted in his cancer. The original petition argues DuPont "was aware, or should have been aware, of the dangers associated with exposures to asbestos at the premises where the plaintiffs' decedent worked." "Nevertheless, defendant DuPont failed to warn employees, invitees and contractors of the dangers associated with occupational exposure to asbestos and required employees, contractors and/or invitees such as the decedent to work with or in proximity to asbestos without the necessary precautions to avoid dangerous exposures," the suit states. Foster Wheeler, Zurn and 4520 Corp. are faulted for manufacturing, selling, designing, supplying distributing, mining, milling, relabeling, reselling, processing, applying or installing insulation and machinery that was "poisonous and highly harmful." Consequently, the complainants seek unspecified monetary damages. They are represented by attorney Ian P. Cloud with Heard Robins Cloud & Black, L.L.P. in Houston. Case No. 3:12-cv-230 ASBESTOS UPDATE: Fibro Dump at Corio Bay Likely Be "Encapsulated" ----------------------------------------------------------------- Peter Begg of The Geelong Advertiser reports the illegal asbestos dump on the Corio Bay foreshore at North Geelong discovered three months ago will most likely be capped rather than removed. Geelong Mayor John Mitchell said on Aug. 9 that the asbestos was stable if not moved and it could be "encapsulated" to ensure it was not disturbed. Cr Mitchell said the city had had a notice served on it by the EPA in relation to the site. "We sought legal advice and we have a legal opinion that says when the land was handed over, it was handed over inappropriately -- it was contaminated and the council at the time didn't even know it was handed over," he said. "We have fleshed it out with the DSE (Department of Sustainability and Environment). We are in negotiations with DSE and where those talks are I'm not sure, but the operations unit is doing that. "We have spent $30,000 on fixing it, and there is no doubt that to encapsulate it would cost $200,000 plus. "We don't believe that the Geelong ratepayers should have to pay that if our legal opinion is right that it was handed over inappropriately." The city is reviewing the process undertaken in 1999 that saw it appointed as the committee of management for the site. A report commissioned by City of Greater Geelong on clean-up options for the site has been sent to the Environment Protection Authority. An EPA spokeswoman said the authority was assessing the report. The report was done by Environmental Health Solutions and the council said it would also discuss the experts' advice with the EPA to decide on an action plan. But Cr Mitchell said he had been told the asbestos would be encapsulated so it would not be disturbed. The area is Crown land but managed by the council. 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 DSE and it had raised the asbestos issue with the authority three years ago. The Geelong Advertiser later revealed that the land was transferred to the council 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: Buyers of Contaminated Pasadena Lot Sue Vendors ---------------------------------------------------------------- Glenna Herald at UltimateClearLake.com reports that Harris County residents are suing after, they say, they were misled into buying asbestos-contaminated property in Pasadena. Raul Rodriguez and Jose Juan Gonzalez filed a lawsuit on Aug. 1 in Harris County District Court against Betesda Iglesia Hispana International and Ruben Perez, of Pasadena, citing fraud, conspiracy to commit fraud and breach of contract. Rodriguez and Gonzalez say on March 23, 2011, the defendants tricked them into buying asbestos-contaminated property, located at 600 Walter St. in Pasadena. In addition to hiding the asbestos, the defendants also failed to disclose that they were leasing the property and collecting rent, even after the sale was final, according to the brief. The plaintiffs are seeking attorney's fees, court costs and damages. They are being represented in the case by Houston attorneys Mark Carrigan -- mcarrigan@cmrllp.com -- and Ana Luna -- ana@cmrllp.com Harris County District Court Case No. 2012-44020. ASBESTOS UPDATE: OEPA Confirms Fibro Presence in Old Marion Plant ----------------------------------------------------------------- John Jarvis of The Marion Star reports that an Ohio Environmental Protection Agency investigation has uncovered the presence of asbestos at a former manufacturing plant site on the city's north side, an OEPA official said. An OEPA inspector collected samples earlier throughout the site at 333 Joseph St., OEPA spokeswoman Dina Pierce said. Analysis determined asbestos comprised 2 percent or more of various samples, which the agency considers "regulated asbestos-containing material," she said. The OEPA informed Robert Cendol, the agent for 333 Joseph LLC, whose principal member is Stan Rosenfeld, that the company must have the entire property resurveyed for asbestos and keep the material remaining at the site wet, Pierce said. She said the agency as of Thursday (Aug. 9) afternoon had not determined if the asbestos is capable of becoming airborne. Cendol, a contractor, did not appear on Aug. 9 for a disposition hearing, the day to which a verdict was postponed following a July 26 bench trial on a charge he violated the Marion city code by failing to complete the demolition within one year of April 19, 2010, when he obtained the permit. He faces a maximum penalty of a $150 fine on the charge. Pierce said if the asbestos is determined not to be friable, or in a form that is easily crumbled and can become airborne, the company can have it hauled away to a landfill, she said. "If it is friable, there are certain things, whole other rules, that kick in as far as disposal," she said. "Ultimately, the property owner is responsible," she said. "Now, could they come back against their contractor, . . . that's not for us. Our main concern right now is the public health and safety. So get the new survey done and keep it wet." Municipal Magistrate Jason Warner said unless he learns that Cendol had a valid reason for not attending the disposition hearing he would issue a bench warrant for his arrest. ASBESTOS UPDATE: BoRit Site Asbestos Removal Reaches 2nd Stage -------------------------------------------------------------- Eric Devlin at Montgomerynews.com reports that EPA-hired contractors began installing cable concrete mats along the creek bed at Rose Valley Creek next to the BoRit asbestos site July 27, as the next stage of reconstruction at the site begins. Following the construction, workers will begin installing a cover over the former Whitpain park area. The BoRit site, located in Ambler Borough, Upper Dublin and Whitpain townships between Butler Avenue, North Maple Street and the Wissahickon Creek, was placed on the EPA's Superfund National Priorities List in April 2009. The first stage of work, which the EPA refers to as removal, is stabilization to prevent asbestos from going off site. The EPA has started a remedial investigation of the site, which will analyze the nature and extent of the waste, along with the risk to ecological and human health. The investigation, along with a feasibility study, will help determine a final remediation method for the site. Ruth Wuenschel, Superfund community involvement coordinator for the EPA, said there are three components to the current removal stage. The first is the pile, which received a cap to seal it off to prevent the asbestos from becoming airborne. The second is the work currently being done along the stream bank and reservoir, which Wuenschel said were extremely contaminated, and have been covered and stabilized. A drainage swale was built along the perimeter of the pile to manage future storm-water runoff, as well as an access ramp to the top of the pile for future maintenance, in early 2010. During Tropical Storm Lee in September 2011, a massive volume of water and debris broke through a chain link fence at Maple Street and rushed into the Rose Valley Creek, causing damage to the concrete mats. Because of that, the EPA is fixing the stabilization materials along the stream banks. In order to gradually release water during heavy storms, Wuenschel said the EPA installed a swing gate at Maple Street to control the water and a guard rail to prevent debris from entering Rose Valley Creek. Crews are currently installing replacement cable concrete mats, with work scheduled to be completed sometime in the early fall, according to Wuenschel. The third component is to cover the former Whitpain park area. According to an EPA community update issued in July, once Rose Valley Creek's banks are stabilized, the park area will be covered in the same manner as the asbestos pile with a geotextile, or fabric, liner, with a minimum of two feet of clean fill, six inches of top soil, grass and straw mats for erosion control. The cover, which the EPA said will exceed federal air protection standards, will stabilize the park area and protect human health and the environment. The amount of time it will take to complete the cover will depend on the weather, Wuenschel said. If the weather cooperates, it could be completed as early as January or February; if not, it may take longer. The EPA said clean fill and top soil will be trucked in to cover the park area, affecting residents on Mt. Pleasant Avenue, Maple Street and Oak Street. The truck traffic will begin in the fall from 8 a.m. to 4 p.m. on weekdays. "Residents on these streets are advised to use extra caution with children and pets during this time," the EPA wrote. Activity based sampling of the soil, air, groundwater, surface water and sediment was collected between 2009 and 2011 along private properties adjacent to the BoRit site, and the results of those samples are being quality checked and compiled to prepare for upcoming risk assessments. Wuenschel said the EPA will conduct one more round of ground water sampling to confirm the results. The EPA said it will also conduct human health and ecological risk assessments once all the sampling data analysis is completed. It said these risk assessments will evaluate the potential human and ecological risks, if exposed to asbestos. They will be used as guides in determining the final remediation methods, and a report will be available next year. ASBESTOS UPDATE: Cleanup Plan for Zachary Tompkins Field Initiated ------------------------------------------------------------------ Erin Place of The Nashua Telegraph reports that before Zach Tompkins' dream of having a football stadium for his team can be realized, town officials need to clean up the site where it will be built. The public will be getting a chance to weigh in on the bidding process for the cleanup for the future home of the Zachary Tompkins Memorial Field as the community continues to push to fulfill the young boy's wish. Zach, 11, was a fifth-grade student at Presentation of Mary Academy, where he made honor roll and played football for the Hudson-Litchfield Bears. He also was an avid New England Patriots fan. Zach died in his sleep March 8, 2010, from cardiac arrest because of an unknown cause. A few weeks before he died, Zach dreamed of his football team having its own field. Shortly after his death, his parents and the Hudson community launched a campaign to make his dream a reality. A public hearing was set to be held at 7 p.m. Tuesday, Aug. 14, during the Hudson Board of Selectmen meeting in the Hudson Town Hall, 12 School St. Three reports will be presented regarding the cleanup of the Brownfield site. The plot is located at 9-17 Industrial Drive, and it was discovered that the soil is contaminated with asbestos waste. The 13 acres was donated by the town. On March 8, 2011, voters overwhelmingly approved a 25-year, rent- free lease agreement for the field with the Hudson-Litchfield Youth Football and Cheer program, the league for which Zach played. The U.S. Environmental Protection Agency is funding the cleanup project through a $150,000 grant from the Brownfield Revolving Loan Fund. This is administered through the Regional Economic Development Center of Southern New Hampshire in Exeter. A meeting was held to designate the structure of the bidding process for the work. According to REDC Executive Director Laurel Bistany, she hopes the town will be able to send out bid packages by the beginning of next month. Once the bids come in, they will be evaluated, and if things remain on schedule, the selectmen could choose a company or companies by late October, she said. Bistany said the cleanup work for the field isn't that complicated. "What needs to happen is a hole needs to be excavated and all of the contaminated material gets pulled out of the ground, all of that soil and asbestos, and put in that hole, which is above the water table," she said. "It is then marked off and capped with a final top of pavement and that becomes the parking lot for the field." Bistany noted that the parking lot is a good size, measuring roughly 400 feet by 125 feet. "We're really excited to be a part of this because it is such a big project for the community of Hudson. It really goes along with the goals of the Brownfield program, to look at redevelopment and community development," she said. "The final project is very much dependant on the foundation, the Zachary Tompkins Foundation. It needs continued support from the community, both financial support and support with services." ASBESTOS UPDATE: Owner of Tracy Shooting Supplies May Have ARD -------------------------------------------------------------- Denise Ellen Rizzo of the Tracy Press reports that Rick Hedrick, the owner and operator of Tracy Shooting Supplies at 22 E. 11th St., closed his business in mid-June because his health was steadily deteriorating. Sick since January, Hedrick said doctors couldn't figure out what was causing him chest pains, difficulty breathing and trouble talking. He now says his illness is the result of asbestos, a substance used in construction for its flame-retardant properties that can cause cancer and other respiratory problems if particles are inhaled. Hedrick said asbestos is present in the building he formerly rented and might have been stirred up after a burglary attempt in 2002, when burglars tried to get into his gun shop by cutting through a portion of the roof. "It started out as chest pains," he said. "They did a ton of tests and never came out with anything." When his home and business were tested, he said, no mold was found, and the mystery of his illness continued. Hedrick said he discovered the asbestos problem when he hired Sierra Environmental Testing and Consulting in Woodbridge to test the building he had been leasing for more than a decade. "They found airborne asbestos in my (rented) building," Hedrick said. According to Sierra's June 8 report, an inspection was conducted inside the building, and three samples of building materials were collected to be tested for asbestos. Of the three samples taken, asbestos was reportedly found in the wallboard and joint taping compound and ceiling tile texture. Hedrick said the inspectors told him he had been breathing asbestos since January 2002, when he says the ceiling was damaged by a water leak where the burglars reportedly tried to break in. He said doctors recently found nodules in his lungs but have yet to determine if they are cancerous or if they could have been caused by breathing asbestos. "Once I found out, doctors told me, 'You've got to get out (of the building),'" Hedrick said. "It's really sad. Nothing they can do if it is asbestos (-related disease)." Hedrick said he informed the landlord about the water leak in 2002, and the landlord, whose name Hedrick declined to disclose, told him it would be fixed. But according to Hedrick, the repair was never properly made. Ana Contreras, the leader of Tracy's code enforcement team, said she considered posting an order that all people stay out of the building, which she said is owned by George Papadakis, who lives in Washington. But Contreras learned from the Sierra consultant who prepared the report that the structure was never tested for airborne asbestos. She added that it's not uncommon to find asbestos-laden materials in older buildings, noting that the substance is harmful only if it is disturbed and becomes airborne. Contreras said that because the building had been closed since Hedrick left, the city did not have to take action unless Papadakis wanted to rent it to a new tenant. "We don't have any evidence that there is a risk (to the public) based on the report," she said. "At this point, the tenant has vacated the building, and it's secure. Before it can be occupied, we have to have a report from an environmental testing firm to verify if any asbestos is airborne. He can't occupy it until we have that report." If airborne asbestos were discovered, Contreras said, it would have to be removed by a company that specializes in asbestos removal to be sure that the particles were contained. The building would have to be re-inspected and the asbestos removal verified before the city would allow occupation. She said city officials have also tried to reach the owners of Tracy Embroidery, which occupies a space at the back of the building, though she said there was no evidence that the back unit is at risk. According to city officials, Tracy Embroidery relinquished its business license in 2010, and no one returned calls made to the number posted on the side of the building. ASBESTOS UPDATE: Thailand Tightens Regulation on Product Labeling ----------------------------------------------------------------- Myint Shwe of The Bangkok Post reports that the Consumer Protection Board (CPB) will now require stricter labeling of products containing asbestos. Deputy secretary-general Jirachai Moontongroy said from now on, the CPB will make more frequent visits to vendors selling products using asbestos, which is a mineral fiber commonly used in building construction materials and products such as cement, roofing, water supply lines and fire blankets. It is also found in automobile brakes and clutches. The CPB has the authority under the Consumer Protection Act to ban imports, manufacturing and sales of products that are potentially dangerous. In 2009, the CPB issued measures that required labeling for products containing asbestos, and in 2010 manufacturers had to include a warning that asbestos may lead to cancer. Manufacturers filed a legal complaint regarding the measure, but the court dismissed it last week. Mr. Jirachai said if there is increasing evidence that asbestos causes cancer, then the CPB will use its authority under Section 36 of the Consumer Protection Act to ban sales of the substance. He said the CPB will work more to educate workers directly in contact with asbestos such as construction workers. Maurizio Bussi, director of the Decent Work Technical Support Team of the International Labour Organisation (ILO), said there are at least 100,000 worker deaths per year related to asbestos exposure around the world. "To be very clear, the position of the ILO is fully synchronized with the position of the World Health Organization (WHO)," he said. Somkiat Siriruttanapruk, director of the Public Health Ministry's Bureau of Occupational and Environmental Diseases, said while some manufacturers are pressing for more research within the country, it is unnecessary as the dangers of asbestos are already widely accepted internationally. Moreover, Thailand has a number of patients with asbestos-related diseases, but they are difficult to diagnose and have long latency periods such as 30-50 years for mesothelioma. Maureen Birmingham, the WHO's representative in Thailand, said the group recommends all asbestos use including chrysotile asbestos be stopped worldwide, as there are safer substitutes, and there is no safe threshold level of exposure to any type of asbestos. It is a proven fact that all forms of asbestos are cancer-causing in humans, she said. Dr. Birmingham said even one little fiber that gets in your lungs can lead to an asbestos-related disease. Even people washing clothes with a few fibers on them are at risk. The Siam Cement Group stopped using asbestos in 2007, followed by Mahaphant last year, but Oran Vanich and Diamond Roof Tiles still use it. ASBESTOS UPDATE: S&P Lowers Corp. Credit Rating on Sealed Air ------------------------------------------------------------- Thomson Reuters reports that on Aug. 10, 2012, Standard & Poor's Ratings Services lowered its long-term corporate credit rating on Sealed Air Corp. to 'BB-' from 'BB'. The outlook is stable. At the same time, Standard & Poor's lowered the issue rating on the company's senior secured credit facilities to 'BB' from 'BB+' and lowered the issue ratings on the unsecured notes to 'BB-' from 'BB'. The recovery rating on the secured debt remains '2', indicating the expectation of substantial (70%-90%) recovery of principal in the event of payment default. The recovery rating on the unsecured debt remains '4', indicating the expectation of an average (30%-50%) recovery of principal in the event of payment default. The downgrade reflects the expectation that earnings will not improve materially over the next few years. Standard & Poor's bases this assumption on current sales volume pressures in the Diversey and food segments, particularly given the company's sizable exposure to Europe. In Standard & Poor's view, this will result in credit measures remaining more consistent with a 'BB-' rating. In November 2003, Sealed Air signed a definitive settlement agreement with the Committee of Asbestos Personal Injury Claimants and the Committee of Asbestos Property Damage Claimants in the bankruptcy proceedings for chemical company W.R. Grace & Co. (Sealed Air purchased the Cryovac packaging business from Grace in 1998.) Under the agreement terms, Sealed Air is to pay the settlement in full when W.R. Grace & Co. emerges from bankruptcy on the reorganization plan's effective date. The payments include $512.5 million in cash, with interest accruing at 5.5% annually since December 2002, and 18 million shares of Sealed Air common stock. The Grace reorganization plan includes establishing one or more trusts under Section 524 of the Bankruptcy Code. The settlement will provide protection to Sealed Air against all current and future Grace-related asbestos, fraudulent transfer, and successor liability claims made against it in connection with the Cryovac acquisition. In January 2012, the U.S. District Court of Delaware confirmed Grace's reorganization plan, but the District Court rulings remain subject to further appeals. Grace has indicated that emerging from bankruptcy before the appeals are fully and finally resolved will require consents or waivers from several parties, including Sealed Air, and that a final decision will need to be made by early September of 2012 in order for Grace to emerge by the end of 2012. Standard & Poor's considers Sealed Air's liquidity to be "adequate." As of June 30, 2012, Sealed Air had about $504 million in cash, and full availability under its $700 million revolving credit facility expiring in 2016. Sealed Air's Diversey acquisition financing included its $3 billion senior secured credit facilities and $1.5 billion senior notes. The company also has a $125 million U.S. accounts receivables securitization program, under which $92 million was available at June 30, 2012. Standard & Poor's expects free cash generation of about $425 million in 2012, after reduced capital spending of $130 million (from previously expected $180 million). In addition to prioritizing discretionary cash flows (after annual dividend outlays of around $100 million) for debt reduction, Standard & Poor's also expects management to maintain significant liquidity in anticipation of the asbestos-related settlement agreement payment (about $854 million including accrued interest as of June 30, 2012), which Sealed Air will make when Grace emerges from bankruptcy. The outlook is stable. During the next few years, Standard & Poor's expects Sealed Air to use discretionary cash flow primarily for debt reduction until credit measures strengthen to appropriate levels. While the headroom under its financial covenant is limited, Standard & Poor's would expect the company to take timely steps to obtain an amendment, if needed. Standard & Poor's believes Sealed Air should be adequately positioned to make the asbestos-related settlement payment if Grace exits bankruptcy in 2012 or 2013. Given the uncertainties related to timing and resolution of the asbestos settlement payment, Standard & Poor's has not factored in a potential tax refund (the amount and timing of which are uncertain and subject to IRS review) and resultant debt reduction in the scenario. The potential upside to the rating is limited in the next 12 months. Standard & Poor's may raise the rating if Sealed Air further improves its sales growth and profitability, and boosts its financial profile and financial flexibility, including headroom under its financial covenant. Standard & Poor's could raise the ratings if credit measures strengthen more than expected, with Sealed Air achieving and maintaining FFO to total adjusted debt in the 15% to 20% after paying the asbestos related settlement. ASBESTOS UPDATE: Bermuda Hospital Assures Safety Over Fibro Report ------------------------------------------------------------------ Raymond Hainey of the Bermuda Sun reports that hospital chiefs, on Aug. 9, moved to dispel fears over asbestos in ceilings and roofs at the island's psychiatric hospital. A worried reader contacted the Bermuda Sun after he spotted asbestos cladding through damaged sections of roof and ceiling at the Mid Atlantic Wellness Institute in Devonshire. He said: "It's particularly noticeable in the courtyards outside the kitchen and at Turning Point outside the methadone clinic. "There is an overhang in both areas and if you look up as you are walking along, the asbestos can be clearly seen." But a spokeswoman for the Bermuda Hospitals Board said it was aware of visible asbestos at the hospital. She added: "These structures have been in place since the roofs were built some time ago and have not been disturbed or alerted in any way so are quite safe." The reader said: "Last time I looked, it appeared to be intact, but the superstructure around it and supporting it is wearing out. "I still think it should be removed before it becomes a problem." Asbestos, once a common fireproofing and insulation material, has been banned in many countries for decades after prolonged exposure to its fibers was linked to cancer, especially lung cancer, and the lung disease asbestosis. The substance is regarded as safe -- as long as it is not broken up, allowing fibers to escape into the atmosphere. Demolition projects now require special equipment, including breathing masks and special storage facilities to hold asbestos removed from buildings being leveled or modernized. ASBESTOS UPDATE: Breath Testing for Mesothelioma Gains Traction --------------------------------------------------------------- Tim Povtak of The Mesothelioma Center relates that after working for so long with mesothelioma, renowned surgeon Robert Cameron doesn't get this enthusiastic often. But that is his mood now, smelling the potential for a significant breakthrough in a field too often filled with frustration and disappointment. The Breath Print for Mesothelioma has him -- and a lot of others around the world -- believing real progress is getting close. "This is exciting. We are really excited about this right now," said Cameron, scientific advisor for the Pacific Meso Center in Los Angeles, California, and surgeon at the UCLA Medical Center. "The early returns are very impressive." Cameron's lab is one of a few in the world, along with labs in Australia and Italy, testing a type of electric nose that can detect mesothelioma at an early stage. The test? Someone's breath. The prospect of a non-invasive, easy-to-administer test that anyone can take -- especially with a cancer that has been so difficult to diagnose -- has the mesothelioma community taking notice. "Everyone could be screened for the risk of mesothelioma, and not just the disease itself," Cameron said. "Very exciting." Only a few days earlier, Cameron pointed out that there is no definitive proof that early detection of mesothelioma was leading to longer survival rates, unlike many other cancers. But while the typical surgery/chemotherapy/radiation therapy combination hasn't proven it would work better at an earlier stage, the hope is that new therapies would be uncovered with the screenings of high-risk candidates and early detection from the electric nose. Researchers have shown the effectiveness of breath analysis in identifying emphysema, COPD, lung cancer and organ rejection following transplantation. The mesothelioma testing is in its early stages. Much of the previous work with the breath test has involved lung cancer. Cameron worked earlier with several other well-known colleagues, including Harvey Pass (New York University Medical Center) and Michael Phillips (New York Medical College), on research involving digital analysis of breath biomarkers to detect lung cancer. The issue with mesothelioma is obtaining a large enough sample to prove its worth. And with mesothelioma, research funding is usually an issue. Breath testing for mesothelioma, though, now is gaining traction. "This one makes good sense," Pass said recently, adding his sought-after stamp of approval. Researchers at the University of South Wales recently completed a study involving a breath-test analysis focusing on malignant mesothelioma. In that analysis, the sample included 20 patients with mesothelioma, 18 with other asbestos-related diseases and 42 control subjects. Authors of the study, which used a carbon polymer array electronic nose, distinguished between the three groups accurately 88% of the time. Professor Deborah Yates, who headed the study at South Wales, said that she hopes eventually the breath test can be used in conjunction with other screening tests, like blood biomarkers and CT scans. She also said much more research would need to be done before it could stand on its own or used in a clinical setting. "We do not know, on current evidence, that early detection will improve survival. But advances in surgical techniques, radiotherapy and chemotherapy are occurring, and eventually we will have effective therapy," Yates said. "The earlier we can institute this [breath test], the better. Earlier detection could help us to understand the mechanisms by which mesothelioma occurs and spreads." She said her group is hoping to coordinate efforts with researchers in New York and beyond. "What we need is a large, more appropriately-powered study to replicate the findings," she said. "The technique is up and running. We just need to develop it further." Researchers in Italy and the Netherlands last fall completed a breath-test study using the same technology that included an 80% success rate in differentiating mesothelioma patients from patients with other asbestos-related illnesses, and healthy individuals. Researchers consistently say that the more conventional techniques to diagnose mesothelioma often can't distinguish between benign and malignant asbestos-related diseases. It often requires an invasive procedure, which is difficult for elderly patients already struggling with an undiagnosed illness, and it discourages screening for high risk patients. Often it takes a thoracoscopy for a small tissue sample or a excisional biopsy to make a definitive diagnosis. The development of an accurate, clinical breath test for mesothelioma would be a huge improvement. The latest breath-test technology that could be used for mesothelioma, according to Cameron, would start with an expensive, time-consuming analysis to identify the "breath print," of patients confirmed with asbestos exposure and mesothelioma. For screening purposes, though, it would be used as a benchmark for comparative purposes against for anyone taking a test that would take as little as 10 minutes and be done with a relatively- inexpensive machine anywhere in the world. "This could work. What we really need at this point is to find a funding source to get this done. It takes money to do the kind of research it would need," Cameron said. "The other diseases already have told us it will work. It might take a few years, but the potential is really exciting." ASBESTOS UPDATE: Quebec Political Party to Phase Out Fibro Export ----------------------------------------------------------------- Max Harrold of The Montreal Gazette reports that a Coalition Avenir Quebec government would try to obtain all the environmental powers and functions that the federal government now has in Quebec, party leader Fran‡ois Legault says. Prime Minister Stephen Harper should be open to the idea because the environment "doesn't seem to be his cup of tea," Legault said, explaining that Harper's government has shown a general disinterest in environmental regulation. Harper is also a big fan of efficiency, Legault added. "It's an opportunity for us. We'll say there should be one wicket for environmental matters in Quebec." Although he told a press conference at a recycling plant that his party wants Quebec to obtain all federal powers and functions in environmental matters, an aide later clarified that Legault meant that a CAQ government would try to obtain all powers over environmental impact studies in the first mandate. The rest of the powers, such as the federal regulation of environmental standards in Quebec, would be a goal for a subsequent CAQ government, party spokesperson Guillaume Simard- Leduc said. "Ideally we would like to get all the functions and powers" that Quebec does not already have, Simard-Leduc added. Currently environmental impact studies in some areas are done by Ottawa while Quebec does some of its own. Simard-Leduc pointed to the Canadian Environmental Assessment Agency, which conducts tests and studies to determine the environmental impacts of proposed development projects, as an example of what Quebec would try to get out of, with compensation for the share of the agency's budget paid for by Quebecers. The agency had an annual operating budget of $36 million and 240 employees as of last spring but the Tories said they plan to cut the budget by 40%. Legault also said Quebec should stop exporting asbestos and rescind the Quebec government's $58 million loan, promised by the Liberal government of Jean Charest earlier this summer, to the Jeffrey Mine in the Eastern Townships. Science has proven asbestos is dangerous to health, Legault said. The government has said the substance can be used safely. "Exporting asbestos is morally and scientifically indefensible," Legault said. "It does not conform to the moral values of Quebecers. We have to accept the death of an industry from an era that has passed. Asbestos is dangerous. I don't see why we would export that danger to other countries." The loan is expected to revive the industry in the town of Asbestos and create between 400 and 500 direct full-time jobs over 20 years and 1,000 positions indirectly related to the mine. Legault said he would personally involve himself in trying to help Jeffrey Asbestos Mine adapt to another industry and to find other jobs for those affected. "It will be difficult for them," Legault admitted. The CAQ would also impose a moratorium on most shale gas exploration, although not on some pilot projects closely followed by Quebec's Environment Department. Many of the ongoing projects are not properly monitored, he said. Legault added that there is no conflict with his party's proposal to boost oil and natural gas exploration and drilling because those techniques are older, safer and more advanced. The party planned to release its full platform on Sunday, Aug. 12, Legault added. However, it will not contain the full explanations on how the party plans to finance its promises. That is because the CAQ would prefer to know the governing Liberal party's financial framework before it releases its own, he said. "We based our figures on the government's last projections in the last budget (in the spring), with revenues and expenses over five years," Legault said. "We calculated our budget cuts with the expenses along with our promises, such as our tax cuts and investments in schools and I can tell you, it balances. We would have a zero deficit as soon as next year." But Legault said he does not know if the provincial government's real expenditures for the last five months have altered the spring projections and that is why he would prefer the Liberals release their financial platform before the CAQ does, so he could adjust it if necessary. However if the Liberals do not release their full budgeted platform soon, the CAQ will definitely do so before the party leaders televised debates, which start on Aug. 19. ASBESTOS UPDATE: Wenatchee Housing Rehab Program Fixes 44th Home ---------------------------------------------------------------- Visitors to 827 Cascade St. are greeted by the crumbling front stairs and broken retaining walls that hold back nothing but hard, sun-beaten dirt and rocks. The boxy, flat-roofed house at one time housed a neighborhood barbershop and looks like it may also have once been a store. But now it is a sad-looking house, with a damaged front entryway, an overhang that could fall down, unfinished rooms, interior water damage from a roof leak, and asbestos siding that is starting to come off. To the city of Wenatchee, this is the 44th -- and quite possibly the last -- house to be fixed through its Housing Rehabilitation Program, a federally funded effort that helps low-income homeowners make essential safety repairs. To Norm and Catherine Olsen, this is home. Over 30 years, they raised their three daughters here, and now live in retirement with their dog, Frodo, and three cats. They tend a neat garden of vegetables and fruit trees in the back yard. In the spring of 2011, a city code enforcer came to their back fence. The city was trying to clean up a large swath of south Wenatchee. Residents were asked to throw away garbage, cut down overgrown weeds and haul away junker cars. The Olsons were asked to remove some garbage and debris from their yard, which they did. Code enforcer Stacey Burts also noted that the house had some structural damage. He talked with one of the Olsens' daughters, who was visiting at the time, and told her about the Housing Rehabilitation Program. She told her parents. "It took us three or four months to decide that we needed help," Catherine said. "So will filled out an application for the program." The city accepted their application, and the work was originally scheduled to be done last fall. But the city struggled to get enough funding to do all the work that needed to be done at their house. The majority of the homes that have been helped by the program received small loans for minor repairs. But the problems at the Olsons' home are extensive. The work got underway earlier this month with crews in white protective suits stripping off the asbestos siding. They've also removed the front steps and started work on the unfinished space with exposed insulation covered in plastic that once housed the barbershop. The contract will also replace all the windows; fix the water damage in the couple's bedroom; replace the front steps and some interior steps; and remove the dilapidated overhang over their front door. Since the housing program only pays to fix up problems that are unsafe, the Olsens will be responsible for any interior and exterior painting and any other cosmetic improvements. The work will cost about $40,000 and is funded entirely by a federal Housing and Urban Development Grant. Though it is technically a loan, the Olsens will never have to pay it back, unless they sell their house. Even then, the amount they would have to repay diminishes each year, and will eventually be nothing if they stay in their home long enough. The Olsens say they don't plan to move. That would only happen if their health took a turn for the worse and they were forced to move closer to their daughters in the Spokane area, Catherine said. "We really like this house," she said. "We don't need a big place. It's comfortable for us. And we like having the big back yard." She said they are grateful for the city's help in making it more livable. "It will make things so much easier and nicer for us," she said. "It will lift a huge financial burden from our shoulders for fixing things. I wouldn't even know about getting a loan at our age to get all this repaired." ASBESTOS UPDATE: 217 Bins of Fibro at La Collette Need Resolution ----------------------------------------------------------------- The Jersey Evening Post reports that Transport Minister Kevin Lewis has revealed that there are 217 shipping containers of cancer-causing asbestos stockpiled at La Collette. The minister is stepping up the pressure on Environment Minister Rob Duhamel to end 20 months of delay on storing waste asbestos, saying that the situation has to be sorted out 'as a matter of urgency.' With stockpiles of the toxic waste growing by the week at the La Collette reclamation site, the Transport and Technical Services Minister says that urgent safety works to temporarily store the toxic asbestos in lined pits are being held up by the Planning department. Deputy Lewis says there are 217 shipping containers of asbestos at La Collette -- significantly more than the 40 he initially said were at the site. ASBESTOS UPDATE: Fibro Kills 52 People Yearly in Northern Cape -------------------------------------------------------------- The Agence France Presse reports that death knows the small town of Prieska all too well. A poisonous legacy of South Africa's years as a global blue asbestos hub, the Grim Reaper has snaked through here for decades, wiping out families and striking down neighbors with deadly precision. "In most of the houses in our street, there is someone who has died of asbestosis or mesothelioma," said Chris Julius, 58, who was diagnosed with asbestos cancer three months after his mother- in-law passed away next door. A former teacher, Julius never worked at the town's mill or in the nearby hills where mining started in the late 1800s along rich deposits known as the country's "asbestos mountains" that run along the vast Northern Cape. But he has mesothelioma, an aggressive lung cancer whose diagnosis is a death sentence. "It felt like I was going to the electric chair," said Julius, who lives 100 meters (yards) from where the now-demolished mill once spat dust over the town. "I still feel the same. I live from one day to the next. I can't really plan. It's very difficult for me to say goodbye, I can't even discuss it with my wife. For her, it's just as emotional an issue." Locals were once pitted against mining firms in David and Goliath- style class action battles which were settled about a decade ago. Yet nearly one in three homes is still contaminated, according to government statistics. Environmental scientist Rob Jones estimates asbestos exposure is killing up to 52 people a year in the Northern Cape, while nearly 90% of 36 communities he surveyed had one or more sites ranked as severe risk. "This is really a national environmental emergency that should be dealt with. It is analogous to Libby, Montana in the US and Wittenoom, Australia," said Jones, who has studied contamination levels for the state. Wittenoom was shut down by Australian authorities in 1966 and Libby has received millions of dollars for rehabilitation. Yet, while South Africa once produced 98% of the world's blue asbestos, the government has yet to act with the same urgency for its dozens of toxic communities. The older generation in Prieska tells of playing obliviously on soft dumps as children, with no warnings from mine bosses or authorities. Documented accounts point to fibers being dusted off fruit picked from trees. While still possible to stumble across a pile of fibers lying in the open, those days are over. But asbestos is a patient killer: it can lie dormant for decades. "Imagine walking along a dirt road that is contaminated with asbestos fibers and a vehicle drives past. The dust that you inhale is full of microscopic asbestos fibers," explained Jones. "The same scenario applies to sweeping the garden, house, working in the garden, etc. The exposures are almost constant." On the wall of a homely cafe, not too far from where the old mill lay, is a black-and-white photograph which shows a giant dust cloud above the tiny settlement. It is an image that haunts doctor Deon Smith who moved to the area 28 years ago. "We see about 10 cases a year, new cases of mesothelioma," he told AFP. "It has a very, very poor prognosis," he said. "There's no cure." Mesothelioma does not discriminate. It targets poor locals who never worked on the mines, to former mill bosses and entire households. One such family are the Cilentos. Only two siblings are still alive after having watched their parents, two brothers and two sisters die. Wearing a hoop earring and Jimi Hendrix t-shirt, Nicholas lives with a permanent oxygen tube piped into his nose and can only walk a few steps before having to rest. "I knew I am going to get sick but I didn't expect it to be permanent. I'm suffering a lot, I didn't know I'll be suffering so much. I learned to accept it, I mean there is nothing else I can do," the gaunt 60-year-old told AFP. "All the people are talking about this sickness and why is the government not doing anything," he added. In June, the Department of Environmental Affairs said nearly 5,000 out of some 23,000 households and 400 kilometers (248 miles) of road surfaces were polluted in the Northern Cape. Out of 45 schools surveyed, 26 were affected including four in Prieska. Rehabilitation is estimated at 249,000 rands ($31,000, 25,000- euros) per housing plot and 1.2 million rands per square kilometer (0.3 square mile) of contaminated roads. "It is taking some time because the remediation activities involve different stakeholders and at this moment the action plan is being finalized," said spokeswoman Roopa Singh. For the sick, the town's legal settlement made no provision for latent illness and the government does not pay compensation. Locals largely do not qualify for trusts set up for other mines, such as the Asbestos Relief Trust which paid out 3,555 claims by March. "Rehabilitation is crucial because someone exposed today may only get an asbestos related disease say 40 years later," said Jim te Water Naude, a doctor at the trust. "The most likely to suffer are children, and those exposed environmentally." With the companies long gone, the buck now stops with the state which is accused of "paralysis by analysis." "Other than study the problem, no real efforts have been initiated to date (to my knowledge)," said Jones. "Asbestos does not rot; it never goes away on its own. It is only safe when it is completely removed from the potential of human disturbance," he warned. ASBESTOS UPDATE: James Hardie Reports Increase in Sales, Profits ---------------------------------------------------------------- Reuters reports that Australian building materials manufacturer James Hardie Industries Ltd on Monday, Aug. 13, posted an 11% rise in first-quarter net profit due to a pick-up in demand in its U.S. businesses, beating market expectations. The world's largest maker of fiber cement products said net operating profit for three months to June 30, excluding asbestos and tax adjustments, rose to US$43.8 million, compared with a forecast of US$42.3 million in to a Reuters poll of five analysts. Net profits were up from US$39.4 million a year ago. Net sales came in at US$339.7 million and earnings rose 2% to US$57.7 million before interest and taxes, and excluding asbestos and tax adjustments. James Hardie said it expected full-year earnings excluding asbestos, ASIC expenses and tax adjustments to be in US$140-160 million range, assuming an average exchange rate of US$1.01/A$1.00 through March 2013. James Hardie said the very early stages of a recovery in the U.S. residential market appeared to be underway. Profit Margin Comes In Short Bridget Carter of The Australian reports that investors sold off shares in James Hardie on Aug. 13 after its profit margin and annual earnings guidance came in below analysts' expectations. The building bellwether warned that the housing market was deteriorating, as it posted an 11% rise in first-quarter net operating profit excluding adjustments to US$43.8 million ($41.5 million), driven by a turnaround in the US market. ASBESTOS UPDATE: Fibro-Testing Urged Before Every DYI Renovations ----------------------------------------------------------------- Daniel Tran at Monash Weekly reports that lives are being put in danger because homes are not being tested for asbestos before renovations begin, industry sources have warned. The Asbestos Contractors Group says people face serious disease, even death, because there are no laws making it mandatory for homeowners to conduct a hazardous materials audit before they start work. The group says the absence of auditing heightens the risk of previously unknown quantities of asbestos being disturbed. "Unfortunately, tradespeople and, quite often, domestic homeowners are being exposed to asbestos when doing their own renovations, simply because they don't know it's there or what it looks like," group spokesman Pat Pearson said. "There's no legislation like there is in the general workplaces for an asbestos audit to be carried out." Oakleigh South asbestos removalist A Plus Building Services says residents are at risk of finding asbestos in their backyard. A Plus director Kamil Zajac says the company's 24-hour emergency line gets numerous calls. "A lot of them are initiated by tradies or homeowners who give us a call and say, 'My builder's just stopped work because he thinks he's found asbestos. What do I do?'" Before the 1980s, materials containing asbestos were common in the building industry. Breathing in asbestos fibers has since been linked to lung cancer and deadly respiratory diseases such as mesothelioma. Last year, a Safe Work Australia report found that 660 cases of mesothelioma were diagnosed in Australia in 2007. In the same year, 551 people died of asbestos-related diseases. In 2010-11, WorkSafe was notified of 7,275 jobs carried out by asbestos removalists across the state. The figure included work done at domestic properties and workplaces. The Weekly asked Southern Health how many asbestos-related illness had been treated at its Monash Medical Centre in the past two years and was told it was an "impossible question to answer." "We deal with acute respiratory patients and the majority of asbestos-affected individuals are usually symptom-free," one doctor said. Most asbestos-affected individuals can go decades without showing symptoms. Mr. Pearson says the number of asbestos-related cases among home renovators is rising. "It's not unusual for them to find asbestos up there in the older homes." Mr. Zajac says that even some tradespeople are oblivious to the looming danger. "You're relying on these guys when they're doing renovations to say, 'Oh, this material could have asbestos. Let's get it tested and do the right thing.' "But if you get people who are really ignorant of the presence of asbestos, they'll just go about their business as if the material's not there, potentially exposing themselves, their workers and the residents." ASBESTOS UPDATE: Old Power Plant Owner Faces $300K Abatement Bill ----------------------------------------------------------------- Thomas J. Prohaska at Buffalo News reports the U.S. Environmental Protection Agency plans to take charge of the asbestos cleanup for an abandoned building and a Dumpster in Lockport's Lowertown district. Spokesman Michael Basile said Friday, Aug 10, the EPA is talking to owner Scott J. Krzyzanowski about gaining access to 89 Mill St., where his efforts to clean up the site and construct a neighborhood retail development were torpedoed in 2010 by the state Labor Department's insistence on an asbestos survey. The 16,000-square-foot, largely roofless building, once a power plant for a long-defunct paper mill, is owned by Krzyzanowski's Texas-based company, Liberty Plant Maintenance. City Judge Thomas M. DiMillo has found the company guilty of failing to remove the Dumpster for more than a year and could impose fines of $1,000 a day. However, sentencing has been put off several times, as James P. Milbrand, Krzyzanowski's attorney, tries to work out a cleanup plan. The next possible date for the sentencing is Oct. 4. After a court appearance Thursday, Aug. 9, Milbrand said if the EPA carries out the cleanup and bills Krzyzanowski, the tab could be $300,000. Basile was unable to confirm that number, saying the agency has yet to carry out a detailed assessment of conditions at 89 Mill St. But Basile said, "We'll conduct a removal action, either with his assistance or on our own." Basile said the state called the EPA in on the project, and an EPA staffer made a visit to the site in June. "Hopefully the site will be sealed in the next two or three weeks," Milbrand said, "and we can proceed to the cleanup." He told DiMillo that "sealing the site" means a fence around the perimeter, a covering over the Dumpster, and capping the "friable" asbestos, which means the asbestos that might get into the air. "This is a difficult property," said Deputy Corporation Counsel Matthew E. Brooks, the city's Housing Court prosecutor. "We can't really press it [further] than the EPA." Milbrand said Lozier Environmental of Rochester did an asbestos assessment and believes the cleanup could be done at a lower price than the $300,000 estimate from the EPA, which would be billed to Krzyzanowski. Milbrand said not all the asbestos in the Dumpster came from the former power plant. He said, "Somebody from the neighborhood was scraping up floor tiles [from another building] and put them in the Dumpster." The EPA was keeping Krzyzanowski from maintaining the lot, Milbrand said. "He can't mow the grass because it stirs up asbestos. EPA says you can't touch it," the attorney said. Milbrand met on Aug. 9 with City Treasurer Michael E. White to discuss possible funding sources to help Krzyzanowski with the cleanup cost. White said no city money would be involved. "We know the potential of that parcel. [Krzyzanowski] knew it, too," White said. The taxes on the property are delinquent, with $1,991 in city and school taxes owed for the past two years. White said the city could consider foreclosing next year. During the 2011 citywide revaluation, the assessment on 89 Mill was cut from $35,000 to $4,000. ASBESTOS UPDATE: Tetra Tech To Manage Mexico DSS Bldg. Abatement ---------------------------------------------------------------- Andrew Poole of The Palladium Times reports that hiring Tetra Tech Architects and Engineers to manage removal of asbestos-laced tiles in the Mexico Department of Social Services (DSS) building was just the first in a series of decisions still facing the Oswego County Legislature on its abatement project. Legislators have approved hiring Tetra Tech, and at the same time increased the capital project funding for the abatement from $30,000 to $100,000. The $100,000 will cover the initial asbestos study and the contract with Tetra Tech. Asbestos was initially discovered in the DSS building in Mexico earlier this year after an employee asked the county whether the tiles had ever been tested. The asbestos levels are slightly higher than the federal levels for removal, said Administrator Phil Church. Air monitoring tests showed the area was safe to work, but every time the ceiling tiles were moved to access cables, environmental control systems and telephone wires, the risk of releasing asbestos fibers increased. Legislators will have the final say about how much is spent on the abatement, but remodeling inside the building could also be part of the project. Officials said that the state would reimburse the county 75% of the project costs. Other decisions beyond awarding the project manager contract to Tetra Tech still face the county, though. The company will solicit sub-contracting bids, which are expected to arrive in September. The full cost of the abatement will not be known until the bids are opened, but Church guessed the cost could be $600,000 to $800,000. Concerns that the cost for the abatement and remodeling could reach $1 million led Legislator Louella LeClair, R-Fulton, to vote against the resolutions during a joint meeting of the Infrastructure and Facilities and the Finance and Personnel committees. Once it was explained that legislators would have the final say over the project costs, she supported the measure when the full Legislature voted on the resolution. "I think it's very important that we remove the asbestos. No question. That's got to be done," she said. "The other things have to be looked at more closely." Officials also need to determine whether DSS employees working under contaminated tiles will move to an outside location or to a new section of the building. Tetra Tech will help officials evaluate the two options. "This isn't simply abating tiles. It's because we have to maintain operations, this is also a project about moving, about whether we move outside the building or move around inside the building," said Church. DSS Commissioner Greg Heffner said Tetra Tech indicated that abating asbestos incrementally around the building and moving staff into "swing space" would make the project last a minimum of 12 months. "The problem that we have at the department right now, is that we don't have enough free space, enough swing space we've been calling it, to move staff into an empty area with all their files, (and) get them set up so they have connectivity for computers," said Heffner. Church said Cayuga Community College in Fulton has offered a location for DSS employees, but added the college needs the space back by Feb. 1. That puts more of a time crunch on the abatement, but keeping the employees in-house would mean reconfiguring work space, building temporary walls and paying more for labor as the project would take longer to complete. "It's far more complicated than most people would imagine," said Church. "(Tetra Tech) will look at both options and present the plan for either moving out or doing it by staying in the building." Possibly adding costs to the project would be whether legislators include remodeling work in the DSS building during the same time frame. The 75% reimbursement from the state would also cover the remodeling if it was rolled into the abatement project. The remodeling includes replacing or repairing worn out carpet, holes in walls, painting and other work. "It needs to be done regardless of whether we do it during the abatement project or some time after," said Church. "If we do it as part of the abatement project, we get some reimbursement." Both resolutions have been passed by 21-2 margins, with two members absent. Legislators Doug Malone, D- Oswego, and Robert Hayes, Sr., R- Phoenix, voted against the measures. ASBESTOS UPDATE: 4,000 Signed Against Fibro-Dumping in Chew Valley ------------------------------------------------------------------ BBC News Bristol reports that a petition has secured 4,000 signatures against plans to dispose of asbestos at a quarry in the Chew Valley. Protesters fear asbestos at Stowey Quarry will stray into Chew Valley Lake which supplies water for residents. Sally Monkhouse, from Stop Stowey Action Group, said any risk of contamination was too great. Bath and North East Somerset Council said it would be inappropriate to comment ahead of the meeting to decide the issue on Aug. 29. Mrs. Monkhouse said: "People care very passionately -- to get 2,000 signatures on paper and then another 2,000 online, I think that amounts to a lot of public feeling. "We think if there is the slightest risk of contamination, the council must not let it go ahead." An application to dispose of hazardous waste at Stowey Quarry was initially approved by Bath and North East Somerset Council last July. The decision was later quashed but an application has since been resubmitted by Oaktree Environmental. North East Somerset MP, Jacob Rees-Mogg will hand the petition in to councilors during the Development Control Committee Meeting on Aug. 29. ASBESTOS UPDATE: EA Reports 4,249 Burnley Fly-Tippings in 2010-11 ----------------------------------------------------------------- The Burnley Express reports that shameful fly-tippers are continuing to blight beauty spots across Burnley. An astonishing 4,249 incidents were reported throughout the borough in 2010/11 according to figures released by the Environment Agency. The numbers also show the North-West now has the second biggest number of fly-tippers outside London and calls are being made for increased investment in waste and recycling centers to combat the problem. Paul McCarthy, regional secretary for trade union GMB, said "Not only is fly-tipping illegal but it is damaging to the environment and according to the Environment Agency it costs GBP100-150 million a year to clean up. "Two thirds of fly-tipping involves household rubbish and GMB believes it would make good economic sense to invest in more municipal waste and recycling centers to make it easier and cheaper for the public to dispose of waste properly. "However local authorities also need to target fly-tipping to improve their policing of the problem -- out of 820,000 incidents last year there were only 2,500 prosecutions throughout England and Wales." Joanne Swift, Burnley Council's head of Streetscene, said: "The reason the figures increased so dramatically in 2010/11 was that we started to include incidents of dirty backyards in our fly- tipping reports. "We actively encourage people to report fly-tipping so we can act quickly to clean up the mess and, hopefully, catch those responsible. "That's why Burnley Council is the second best authority in Britain at prosecuting people for anti-social behavior such as fly-tipping, littering and dog fouling." Water supply and treatment firm United Utilities, one of the biggest private landowners in the county, spends millions of pounds every year clearing dumped rubbish from around their reservoirs, parks and water catchment land. The water firm recently launched a hunt for a fly-tipper in Burnley after hazardous asbestos was dumped near the Singing Ringing Tree site, one of the town's most scenic spots. United Utilities spokesman Shaun Robinson said: "Ultimately it is water bill payers who foot the bill to clear fly-tipping on water catchment land. "We are cracking down through partnerships with local police and councils who all have a vested interest in protecting our natural environment. "This is money which would be better spent improving networks and local infrastructure for public use, not removing fly-tipping". ASBESTOS UPDATE: MoD Faces GBP250K Lawsuit After GBP17.5K Payout ---------------------------------------------------------------- This Is Wiltshire News reports that a Bradford on Avon widow whose husband died from asbestos related cancer has launched a legal battle for compensation of up to GBP250,000. Gerald Hodge, 84, died from lung cancer after being exposed to deadly asbestos dust and fibers between 1947 and 1986, according to a writ issued at London's High Court and just made publicly available. Twelve years ago he had sued the Ministry of Defence in Bristol County Court after working as a shipwright and draughtsman at Devonport Dockyard in Plymouth, and on various ships. He won damages of GBP17,500, based on the assumption that his condition would not deteriorate and that he would not develop certain specified conditions, including lung cancer. But the High Court writ says that he then started to feel unwell, coughing up blood, losing weight, and suffering breathlessness, and by May 2010 doctors feared he had lung cancer. Within weeks, his condition had deteriorated, he could only walk inside his home, needed constant oxygen, and needed help with washing and dressing. On June 23, 2010, his wife found him struggling for breath, and he died before medical help arrived. Now his widow Christine Hodge, 77, of Fitzmaurice Place, Bradford on Avon, is suing the Ministry of Defence for damages of up to GBP250,000, saying his pain, illness and death were caused by its negligence. Until February 2009 he was an active man, who looked and behaved as if he were ten years younger, and was happy, full of energy, and active at home and in the garden. The couple enjoyed a happy marriage, the court will hear. He had been regularly exposed to asbestos during the refit of HMS Terrible between 1947 and 1949, and then worked for the Admiralty at Bath, where he worked on many ships afloat, the Bristol court heard. During his last illness he was plagued by a terrible cough, sometimes bloody, and was very anxious and distressed that his declining heath was due to asbestos exposure, the writ says. It claims he developed bed sores, and lost 3.6 years of life because of the cancer. ASBESTOS UPDATE: Mesothelioma Victim's Kin Blames QE Hospital ------------------------------------------------------------- Anuji Varma of The Birmingham Post reports that the family of a great grandmother who died from asbestos-related cancer believes she had been exposed to the deadly dust while working at a Birmingham hospital. Betty Killworth, aged 82, of Weoley Castle, was a cleaner at the old Queen Elizabeth Hospital, in Edgbaston, between 1976 and 1988. She was diagnosed with mesothelioma in September last year and died just seven months later. An inquest into her death recorded a verdict of industrial disease. Evidence suggested the only possible exposure that the mum-of-five had to asbestos was when she was at the hospital, which was noted in deputy coroner Sally Scanlon's summing up. Before she died Betty, who worked in the hospital pharmacy department, told Birmingham-based lawyers Irwin Mitchell she believed she had been exposed to asbestos dust while sweeping up after maintenance workers who had been carrying out renovations. Now her family want to appeal to former colleagues to come forward to help in their search for answers. Daughter Carol Pendleton said: "When mum started to feel poorly around Christmas 2010, we thought it was something that would just pass, but as her condition deteriorated we knew it was much more serious. "She was initially told she was suffering from pneumonia but when her condition didn't improve, further tests revealed that she had an asbestos-related cancer which was such a shock to us all. "In her last few months she was in a lot of pain and lost a lot of weight. It's really upsetting to think that mum worked hard all those years to provide for her family." Alida Coates -- alida.coates@irwinmitchell.com -- who is representing the family, said: "This is a sad case because Betty had always been such a fit and active woman, long after her retirement, so her diagnosis completely shocked the family. "The inquest verdict confirms that Betty died as a direct result of being exposed to asbestos." A spokesman for University Hospitals Birmingham NHS Foundation Trust said: "The Trust extends its sympathies to the family on their sad loss. "The Trust was not invited to give evidence at the inquest and cannot comment on the proceedings or subsequent claims." ASBESTOS UPDATE: China Carmakers Recalls 23,000 Units in Australia ------------------------------------------------------------------ Bloomberg News reports an Australian recall by China's two biggest car exporters for potential cancer-producing asbestos parts may threaten plans by Chinese automakers to expand into the U.S. and Europe amid intensifying competition at home. Australia was to be the "testing area" for Chinese carmakers looking to enter larger markets and the recall has dealt a blow to those ambitions, according to Dunne & Co. Great Wall Motor Co. and Chery Automobile Co. recalled 23,000 of their vehicles sold in Australia after authorities found asbestos in some models. "It's a significant setback for the individual companies and development of the industry," said Michael Dunne, head of industry researcher Dunne & Co., in a telephone interview on Aug. 14. "Chinese car companies will continue to push overseas, but you can bet that other countries that they are moving into, or are exporting to, are going to take a closer look on what's on offer." The use of asbestos in exports raises concerns about the quality and safety of products made in China, which has struggled with repeated health scares that include excessive lead found in toys, melamine-tainted milk and pet food killing children and dogs. Vehicle exports from the country may rise about 50% this year, extending record shipments in 2011, according to the official trade chamber. Great Wall led shares of Chinese automakers lower in Hong Kong on Aug. 14 as the discovery of asbestos -- banned in 55 nations because of the fiber's links to cancer and respiratory illnesses -- undermines the nation's carmakers in their push to build their brands in overseas markets. Passenger-vehicle deliveries trailed analysts' estimates for the first time in five months in July, according to data from the China Association of Automobile Manufacturers. Domestic brands have been the hardest hit in the market slowdown, facing higher levels of sales pressure than international brands, Westlake Village, California-based researcher J.D. Power & Associates said. Algeria, China's second biggest export market for cars in 2011, prohibits the use of asbestos for most uses, according to the International Ban Asbestos Secretariat's website. Chile, Uruguay and Egypt are others among China's top 10 auto export markets last year that have similar bans. Great Wall plans to double its number of overseas assembly plants to 24 by 2015 and raise total manufacturing capacity to 500,000 units a year, it said in April. The company plans to export 100,000 vehicles this year, or 18% of its expected total deliveries, Chairman Wei Jianjun said in March. Chery sold a record 160,200 units overseas last year, a 73% increase from 2010. In the first six months of this year, the company exported 94,494 units, on track to meet its full-year target of 170,000 units, according to a statement on its website. The automaker currently sells to more than 80 countries and regions and has 16 manufacturing bases abroad. Chery invested $400 million in a plant in Brazil, which starts operating in late 2013 with an annual production capacity of 150,000 units. Shang Yugui, a spokesman at Great Wall, the biggest maker of sport utility vehicles and pick-up trucks in China, said the company became aware of the issue in April and then stopped using the parts in question. The components were used in some vehicles sold in China and overseas markets, he said, without giving more details. "We need to reflect at Great Wall," Shang said. "We became careless after our repeated checks showed that the asbestos parts won't cause harm to the human body." Chery said workers mistakenly used a wrong batch of parts that wasn't meant for cars to be exported to Australia. The automaker hasn't discussed recalling vehicles with similar asbestos parts in markets outside of Australia, spokesman Huang Huaqiong said. The company will issue recalls if the respective authorities require them, Huang said. The recall in Australia, which has identical safety standards to Europe's, will tar the consumer perception of China-made cars and sets back the progress made by Chinese automakers in recent years, according to CIMB Securities (CIMBI) HK. "This will change consumers' mindsets toward Chinese cars," said Cheam Tze Shen, auto analyst at CIMB Securities HK. "After all, better to be safe than sorry with regards to health issues especially if the vehicle is designated as your family car." Consumers should avoid "do-it-yourself" maintenance that may disturb contaminated engine and exhaust gaskets, the Australian Competition and Consumer Commission said in a statement on Aug. 14. ASBESTOS UPDATE: Study Confirms High Carcinogenicity of Chrysotile ------------------------------------------------------------------ Medical Xpress reports that Chrysotile, a commercially used type of asbestos, induces malignant mesothelioma (MM) in the rat peritoneal cavity, with pathogenesis strongly linked to iron overload, according to a study published online Aug. 2 in The Journal of Pathology. To examine the carcinogenicity of chrysotile, Li Jiang, from the Nagoya University Graduate School of Medicine in Japan, and colleagues injected rats with a suspension of standard asbestos in saline. Some of the asbestos-treated rats were injected with 80 mg/kg nitrilotriacetate (NTA) to enhance an iron-catalyzed Fenton reaction. Rat samples were analyzed for histological and immunohistochemical characteristics. The researchers found that the pathogenesis of chrysotile-induced mesothelial carcinogenesis correlated closely with iron overload. The period required for carcinogenesis was significantly reduced with repeated administration of the iron chelator NTA. Peritoneal organs were found to have massive iron deposition. The most frequent genomic alteration in human MM and in iron-induced rodent carcinogenesis -- homozygous deletion of the CDKN2A/2B/ARF tumor suppressor genes -- was observed in 92.6% of the cases studied with array-based comparative genomic hybridization. There was high expression of mesoderm specific transcription factors Dlx5 and Hand1 in induced rat MM cells, which demonstrated active iron uptake and utilization. "In conclusion, chrysotile is a strong carcinogen that acts through the induction of local iron overload in vivo when it [reaches] mesothelial cells," the authors write. "Therefore, more appropriate measures have to be taken to reduce environmental cancer risk in this era of human longevity." ASBESTOS UPDATE: Deans Mill Cleanup Bars Minors From Station ------------------------------------------------------------ Corey Fyke and Bree Shirvell, writing for The Stonington-Mystic Patch, report that the District 3 Deans Mill School polling station remains closed to those under the age of 18, due to asbestos abatement being conducted inside the building. Teenagers from the Stonington Community Center's summer program will be outside the building to watch children for anyone who needs to vote inside. First Selectman Edward Haberek, Jr., Republican Registrar of Voters Linda Camelio and the Stonington School Administration discussed other voting options with the Secretary of the State's office such as moving a polling station closer to the door, but for legal reasons those options were not allowed. "We're going to try to handle it on a case-by-case basis," Haberek said. "The Secretary of the State's office is aware of the situation and if someone has a concern they can file a complaint. "It's a very disappointing situation." District 3 has a total of 639 registered Republicans and Democrats that are eligible to vote in Aug. 14's primaries. In Connecticut, if you are 17-years-old at the time of a primary, but going to be 18 by-election day you are allowed to vote in the primary. It is not clear if any of those registered voters are 17. Stonington Public Schools Operations Manager Bill King said the asbestos abatement had been planned since last October but the exact date of the asbestos abatement was dependent on the contractors. "We're at the mercy of the contractors," King said. Stonington teenagers got a bit of surprise when they showed up to the Stonington Community Center's summer program on Aug. 14. Instead of their normal activities several teenagers were sent to the District 3 polling station at Deans Mill School to help out with the democratic process. No one under the age of 18 is being allowed inside the building due to asbestos abatement but with Democratic and Republican primary voting taking place inside the building the town wanted to make sure parents with young children could still vote. Camelio said there haven't been any complaints so far, but that they are trying to be proactive and Haberek said the town wants to make sure anyone who wants to vote feels comfortable doing so. ASBESTOS UPDATE: 217 Bins of Fibro to be Buried in Jersey --------------------------------------------------------- BBC News Jersey reports that rusting crates filled with asbestos will have to be buried in Jersey before being shipped off-island, says the minister in charge of waste. Transport and Technical Services Minister Deputy Kevin Lewis hopes to ship the 217 containers within the next 18 months. He said he was looking overseas for places to export the crates of old material from buildings for treatment. He admitted they needed to bury them in sealed pits first. Deputy Lewis pledged to do more about the issue after admitting the States could have dealt with it better in the past. He said: "They are getting old now, I am happy with it as it is, in a sense it is double wrapped and sealed in containers but the containers are starting to rust. "I am just as impatient as everyone else to get it sorted. There are several processing plants around the world but we need permission to ship it into Europe or around the world." ASBESTOS UPDATE: Old Colony School Remains AHERA Compliant ---------------------------------------------------------- The Wicked Local Mattapoisett reports that the Old Colony Regional Vocational Technical High School is in full compliance with the U.S. Environmental Protection Agency (EPA) Asbestos Hazard Emergency Response Act (AHERA), according to Old Colony Regional Vocational School Superintendent-Director Gary Brown. The North Street vocational school has been in compliance since 1998, he said. The inspection findings and asbestos management plans have been on file in the office of the school's superintendent-director since that time. The public is welcome to view the AHERA Management Plan by contacting Brown at 508-763-8011, ext 116, or by e-mail at gbrown@oldcolony.us ********* 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. 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