/raid1/www/Hosts/bankrupt/CAR_Public/121102.mbx
C L A S S A C T I O N R E P O R T E R
Friday, November 2, 2012, Vol. 14, No. 218
Headlines
ADVANCED MEDICAL: 9th Circuit Dismisses Class Action Appeal
ANTHEM INC: Judge Approves $90-Mil. Class Action Settlement
BARNES & NOBLE: Sued Over Failure to Protect Customer Data
BLOOMINGDALE'S INC: Employee Wants Class Action Reinstated
BMW: Sued Over "Rollaway" Defect in 2002-2008 Models
BURGER KING: Settles Discrimination Class Action for $19 Mil.
CENTENNIAL BEAUREGARD: Class in Deceptive Billing Suit Decertified
COMCAST: Sued for Violating Cable Communications Policy Act
DR HORTON: Faces Class Action Over Defective Window Flashing
DUPONT: Science Panel Releases Report on C8 Exposure
FANNIE MAE: Lee County Mulls Joining Tax Class Action
FOOD SOURCE: Recalls 11,400 Lbs. of Frozen Chicken Enchiladas
FUEL DOCTOR: "Perez" Suit Plaintiff Voluntarily Dismissed Claims
FUEL DOCTOR: "McGinnis" Suit vs. Unit Remains Pending in L.A.
GOLD RESOURCE: New York Investor Files Class Action
GREAT SOUTHERN: Class Action Over Investment Schemes Commences
GUNNS: Macpherson + Kelley Mulls Class Action
HEWLETT-PACKARD: Judge Tosses "Crazy Cursor" Class Action
HOLOGIC INC: Awaits Okay of Del. Merger-Related Suit Settlement
INTUITIVE SURGICAL: "Perlmutter" Suit Dismissal Appeal Pending
JAMAICA PUBLIC: Government Appeals Ruling in Class Action vs. JPS
KB HOME: Nov. 13 Hearing on Global Settlement of Drywall Suit Set
MA LABORATORIES: Sued for Paying Employees Extremely Low Wages
MICROSOFT CORP: Awaits Appeal Hearing in B.C. Suit Set This Fall
MONSANTO: Faces Class Action Over "Involuntary Chemical" Study
PFIZER: Faces Class Action Over Arsenic-Contaminated Rice
PHILADELPHIA, PA: Real-Estate Owners File Tax Class Action
PLAYTEX PRODUCTS: Sued Over Misleading Claims on Sunscreen
QUESTCOR PHARMACEUTICALS: Faces Three Securities Suits in Calif.
REALOGY HOLDINGS: Awaits Approval of "Larsen" Suit Settlement
REALOGY HOLDINGS: Settlement of "Cooper" Suit Approved in June
REVLON INC: Awaits OK of $9.2MM Deal in Exchange Offer Suits
TRUGREEN LTD: Judge Orders Arbitration in Wage Class Action
UNITED EDUCATION: Faces Class Action for False Advertising
UNITED STATES: Supreme Court Denies Cobell Settlement Appeal
WAL-MART STORES: Seeks Dismissal of Gender Discrimination Claims
WESTERN ALLIANCE: Signs MOU to Settle Merger-Related Class Suit
WESTERN LIBERTY: Settles Merger-Related Class Suit in Nevada
WHOLESOY CO: Sued for Misrepresenting Yogurt Product
YUM! BRANDS: Awaits Class Cert. Bid Ruling in Wage and Hour Suit
Asbestos Litigation
ASBESTOS UPDATE: Exemption Objection Denied in Ex-Worker's Suit
ASBESTOS UPDATE: Maryland Court Refuses to Remand 3 Suits v. GE
ASBESTOS UPDATE: Union Pacific Directed to Amend Pleadings
ASBESTOS UPDATE: Del. Ct. Junks PACCAR's Bid to Dismiss Suit
ASBESTOS UPDATE: AG Cites Acushnet Resident for Violations
ASBESTOS UPDATE: Sandspit Supervisor Takes Blame for Fibro Issue
ASBESTOS UPDATE: Fibro Closes Cape Breton First United Church
ASBESTOS UPDATE: US Senator Pushes Expansion of Libby CARD Clinic
ASBESTOS UPDATE: Cwmcarn Parents Delighted on Ebbw Vale Relocation
ASBESTOS UPDATE: Widow Calls Out Late Husband's Peers for Info
ASBESTOS UPDATE: Indian Lake Central School Up For Abatement
ASBESTOS UPDATE: Dislodged Fibro Relocates Spotswood Firefighters
ASBESTOS UPDATE: Singapore Updates Guidelines on ARD Prevention
ASBESTOS UPDATE: Somerset Coroner Lists 26 ARD Cases at Hinkley A
ASBESTOS UPDATE: Presence of Chrysotile Closes Nielson Park Areas
ASBESTOS UPDATE: Hazmat Unconfirmed During Recycling Plant Fire
ASBESTOS UPDATE: EPA Okays HazMat at NW Tasmania Landfill Site
ASBESTOS UPDATE: Carcinogens Dumped At NHS Surgery Parking Lot
ASBESTOS UPDATE: AA Construction Pleads Guilty to HSE Charges
ASBESTOS UPDATE: Buckeye Lake Up for Fibro Check, Possible Cleanup
ASBESTOS UPDATE: Scunthorpe Ex-Builder's Mate Dies of Mesothelioma
ASBESTOS UPDATE: Fibro Found at Mullumb Hospital
ASBESTOS UPDATE: ITT's Asbestos Liabilities Manageable, Fitch Says
ASBESTOS UPDATE: ETU Stops Work on Electric Meters Built Pre-1983
ASBESTOS UPDATE: Landlord Fights ODEQ Health Violation Charges
ASBESTOS UPDATE: Vo-Tech School Allegedly Exposed Staff to Fibro
ASBESTOS UPDATE: Fibro Found in an LHA Project Unrenovated Unit
ASBESTOS UPDATE: Vandals Stir Up Fibro in East Perth Building
ASBESTOS UPDATE: James Hardie-Based TV Mini-Series Screens in Nov.
*********
ADVANCED MEDICAL: 9th Circuit Dismisses Class Action Appeal
-----------------------------------------------------------
Courthouse News Service reports that the United States Court of
Appeals for the Ninth Circuit on Oct. 30 dismissed an appeal in
the now-settled class action led by Alexis Degelmann against
Advanced Medical Optronics.
A copy of the Order in Degelmann, et al. v. Advanced Medical
Optics Inc., No. 10-15222 (9th Cir.), is available at:
http://www.courthousenews.com/2012/10/30/amo.pdf
ANTHEM INC: Judge Approves $90-Mil. Class Action Settlement
-----------------------------------------------------------
Business First reports that the largest class-action lawsuit out
of an Indianapolis court was approved by a federal judge for $90
million to former policyholders of Anthem Inc.
The Indiana Business Journal reports the settlement will go to
700,000 claimants in Kentucky, Indiana, Ohio and Connecticut who
said Anthem underpaid them when the company went from policyholder
ownership to publicly-traded WellPoint Inc. in 2011.
The plaintiffs said they were underpaid between $227 million and
$448 million, according to the report, but WellPoint said it
didn't owe anything. WellPoint is the Indianapolis-based parent
of Anthem Blue Cross & Blue Shield of Kentucky.
Following an Oct. 25 hearing, Judge Tonya Walton Pratt said the
terms of the settlement were reasonable, fair and adequate,
according to the report. Her ruling on attorney's fees hasn't
been reached yet.
BARNES & NOBLE: Sued Over Failure to Protect Customer Data
----------------------------------------------------------
NBC Chicago reports that a woman who allegedly had her credit card
information stolen when she swiped her card at a compromised PIN
pad at a north suburban Barnes & Noble filed a proposed federal
class action lawsuit on Oct. 29 against the bookstore.
The federal class action accuses Barnes & Noble of failing to
protect customers from "skimmers" who swiped their personal
information from PIN pads.
Barnes & Noble Inc. said last week that PIN pads at 63 of its
stores had been compromised, including seven stores in Illinois.
Susan Winstead claims she made frequent purchases at the Barnes &
Noble in the 700 block of North Waukegan Road in Deerfield,
including two purchases in August and one in the first week of
September.
Near the end of September, a phone call from her credit card
company alerted Winstead of a fraudulent purchase on her card,
according to the suit filed in U.S. District Court in Chicago.
The credit card company cancelled her card, the suit said.
The four-count suit claims willful violation of the fair credit
reporting act, negligent violation of the fair credit reporting
act, negligence and invasion of privacy by public disclosure of
private facts.
The suit asks a judge to certify the class and seeks unspecified
monetary damages plus attorneys' fees and litigation expenses.
A representative for Barnes & Noble had no comment on Oct. 29
evening.
BLOOMINGDALE'S INC: Employee Wants Class Action Reinstated
----------------------------------------------------------
Erin Coe, writing for Law360, reports that a former Bloomingdale's
Inc. employee urged the Ninth Circuit on Oct. 26 to reinstate her
proposed wage-and-hour class action against the retailer, arguing
that arbitration agreements containing class action waivers
violate workers' rights under federal labor laws.
Former Bloomingdale's employee Fatemah Johnmohammadi filed an
opening brief with the appeals court, asserting that contracts
that preclude workers from banding together to pursue vindication
of their rights as employees in judicial or arbitral forums are
unenforceable under the Norris-LaGuardia Act and National Labor
Relations Act.
BMW: Sued Over "Rollaway" Defect in 2002-2008 Models
----------------------------------------------------
Courthouse News Service reports that BMW 7 Series models 2002-2008
have a dangerous "rollaway" defect that lets them roll while in
Park, a class action claims in Federal Court.
BURGER KING: Settles Discrimination Class Action for $19 Mil.
-------------------------------------------------------------
Linda Chiem, writing for Law360, reports that a California federal
judge signed off on Oct. 26 a $19 million settlement of a class
action alleging Burger King Corp. restaurants provided no
wheelchair access in violation of the American with Disabilities
Act, saying the deal provides for significant injunctive relief
and damages.
The class action alleged that Burger King violated state and
federal regulations by pursuing discriminatory policies or
practices that resulted in unlawful architectural or design
barriers which denied customers who use wheelchairs or scooters
access to services at 86 franchised Burger King restaurants.
CENTENNIAL BEAUREGARD: Class in Deceptive Billing Suit Decertified
------------------------------------------------------------------
Courthouse News Service reports that the United States Court of
Appeals for the Fifth Circuit decertified a class of Louisiana
governmental entities complaining of deceptive billing practices
at Centennial Beauregard Cellular.
A copy of the decision in Ackal v. Centennial Beauregard Cellular
L.L.C., et al., No. 12-30084 (5th Cir.), is available at:
http://www.courthousenews.com/2012/10/30/centennial.pdf
COMCAST: Sued for Violating Cable Communications Policy Act
-----------------------------------------------------------
Courthouse News Service reports that a federal class action claims
Comcast violates the Cable Communications Policy Act by
indefinitely retaining personal identification on "tens of
millions of consumers across the country."
DR HORTON: Faces Class Action Over Defective Window Flashing
------------------------------------------------------------
Courthouse News Service reports that D.R. Horton built more than
100 homes with defective window flashing, so the houses are
"rotting from the inside out," a class action claims in Palm Beach
County Court.
DUPONT: Science Panel Releases Report on C8 Exposure
----------------------------------------------------
The Parkersburg News and Sentinel reports that the C8 Science
Panel released the latest and final probable link reports at a
press conference on Oct. 29, including a link between C8 exposure
and medically diagnosed high cholesterol.
The panel found no link between C8 exposure and Parkinson's
disease, non-malignant liver disease, non-malignant kidney
disease, osteoarthritis, coronary artery disease or high blood
pressure. The findings were announced via Skype then phone
conference on Oct. 29 after panelists were notified all their
flights had been canceled due to Hurricane Sandy.
In a prepared statement, DuPont officials noted plaintiff
attorneys have recently began advertising for clients to sue
DuPont alleging C8 actually caused personal injury.
"Lawsuits have already been filed. Lawsuits such as these ignore
family history and lifestyle choices as leading causes of health
issues and disease in specific individuals. DuPont will
vigorously defend against any and all such lawsuits not based upon
valid science. At the same time, DuPont will continue its
commitment to provide good jobs with good wages and benefits in
our local community," according to DuPont's statement.
The statement, from Dan Turner, spokesman for the company, said
the settlement, reached almost 10 years ago in the class-action
lawsuit against DuPont allowed the company and its employees "to
put the priority on making some reasonable changes based upon
valid science while ending ongoing contentious litigation." Among
other things, DuPont agreed to install filtration facilities in
the six affected water districts: Little Hocking, Belpre, Lubeck,
Tuppers Plains, Pomeroy and Mason County.
DuPont officials said now that the science panel has completed its
work, "DuPont will, with the advice of independent doctors provide
medical monitoring for eligible class members that will extend
many years into the future. In addition, DuPont remains committed
to its ongoing program of providing state of the war filtering
systems for area water systems to insure that C8 is filtered out
of the drinking water. DuPont has had measures in place for many
decades to minimize worker exposure to C8. DuPont has reduced
total C8 emissions bymore than 99 percent at Washington Works and
by more than 98 percent in our global manufacturing operations
since 2000. We also have developed and commercialized new
technologies to make our products without using C8," according to
the company's statement.
The science panel previously reported probable links between C8
exposure and kidney cancer, thyroid disease, testicular cancer,
ulcerative colitis, and pregnancy-induced hypertension, including
preeclampsia. No link with C8 was found for Parkinson's disease,
non-malignant liver disease, non-malignant kidney disease,
osteoarthritis, coronary artery disease, high blood pressure,
chronic obstructive pulmonary disease, asthma, childhood and adult
infections such as influenza, neurodevelopmental disorders in
children, stroke, and auto-immune diseases of lupus, rheumatoid
arthritis, type I juvenile diabetes, Type II diabetes, Crohn's
disease, and multiple sclerosis, birth defects, pregnancy loss, or
pre-term birth or low birthweight.
According to plaintiffs' attorneys, "for purposes of the pending
class-action lawsuit, any diseases which the panel has not linked
to C8 cannot be the subject of PFOA-based exposure claims by the
lawsuit's class members." Medical monitoring will allow doctors
to conduct procedures to identify the PFOA linked diseases in the
population, according to plaintiffs' attorneys.
In reaction to the C8 Science Panel's findings on Oct 29, class
counsel Robert Bilott stated, "We can't undo the damage that the
pollution caused, but fortunately the lawsuit forced DuPont to get
the poison out of the water pending final results from the panel.
Now the residents can be tested for the C8 linked diseases, and
hopefully quick diagnosis and treatment will increase recovery
rates. As attorneys, we are proud that the truth has been
uncovered. Our next step will be to seek fair compensation for
those who have been harmed because of DuPont's contamination of
their drinking water with PFOA."
C8, also known as perfluorooctanoic acid or PFOA, is a man-made
chemical used in manufacturing products including nonstick
cookware, protective finishes on carpets, and water-resistant
clothing. As part of the 2005 class action lawsuit settlement a
three-member science panel consisting of three independent
epidemiologists was named to determine whether there was a
probable link between C8 exposure and human disease. Nearly
70,000 people in the six affected water districts who were part of
the lawsuit were tested and had medical histories taken in
addition to several other studies including DuPont employees.
Science panelist Kyle Steenland told those attending the Oct. 29
press conference there were a "large number of (high cholesterol)
cases" among the health study participants. High cholesterol, he
noted can be a factor in other heart-related diseases.
"There were a fairly large number of cross-sectional studies, kids
and adults, indicating higher PFOA exposure was linked to higher
cholesterol levels, these were accompanied by reports in the
literature when followed over time," Mr. Steenland said. "Our
data showed 800 people in the health project re-tested five years
later. The levels were dropping after the filters were installed,
there were significant drops in cholesterol levels."
Joe Kiger, one of the original class action litigants, asked how
the panel could, on one hand find a link between C8 and high
cholesterol, but find no link with heart disease or strokes.
"Cholesterol levels are just one factor, there are others and the
higher levels may not be enough to see in other disease. It is a
bit of a paradox," Mr. Steenland said.
Panel members said those noted were people who had been diagnosed
and were taking medication for high cholesterol.
Overall the panelists said the process went fairly smoothly
although they understood everyone becoming frustrated over the
results taking so long.
"We just didn't feel the health project data was adequate and we
needed to do additional testing," Mr. Steenland said.
Panelists noted the uniqueness and scope of the project.
"We had to collect a lot of data and it did take a lot of time,"
said panelist Tony Fletcher. "We reviewed 40 different diseases.
It was a mammoth undertaking."
Mr. Fletcher noted the levels of C8 in the blood of those in the
class is "going down rapidly" since the filters were installed and
should reach the point where they are the same as rest of the U.S.
within the next few years.
FANNIE MAE: Lee County Mulls Joining Tax Class Action
-----------------------------------------------------
Kristen Oliver, writing for Opelika-Auburn News, reports that the
Lee County Commission agreed on Oct. 29 to consider joining a
lawsuit against Fannie Mae, Freddie Mac and the Federal Housing
Finance Agency for years of unpaid recording taxes.
The commission has not yet officially met with lawyers to discuss
details of joining the statewide, class-action lawsuit, but
Probate Judge Bill English stipulated that he would not wish to
join if there would be any cost to the county.
If the commission did join, it would be as an additional plaintiff
to other Alabama county commissions, including the Montgomery
County Commission.
FOOD SOURCE: Recalls 11,400 Lbs. of Frozen Chicken Enchiladas
-------------------------------------------------------------
Food Source, L.P., a McKinney, Texas establishment, is recalling
approximately 11,400 pounds of frozen chicken enchilada products
that may contain foreign materials, fragments of plastic, the U.S.
Department of Agriculture's Food Safety and Inspection Service
(FSIS) announced.
The products subject to recall include:
* 57-oz. boxes of "Bremer Party Size White Meat Chicken
Enchiladas"
The cartons bear the establishment number "P-13130" inside the
USDA mark of inspection and the UPC code 0-41498-16921-3. The
products have a best by date of "09/30/13." The products were
packaged on August 31, 2012, and shipped to retail stores in New
York, Ohio, Pennsylvania and West Virginia. A picture of the
recalled products' label is available at http://is.gd/yjafoF
The company alerted FSIS of the problem after receiving two
consumer complaints. FSIS and the firm have received no reports
of injury associated with consumption of this product. Anyone
concerned about an injury 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.
Anyone with questions about the recall should contact Richard
Riccardi at (972) 548-9001.
Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at 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 10:00 a.m. to 4:00 p.m. (Eastern Time) Monday
through Friday. Recorded food safety messages are available 24
hours a day.
FUEL DOCTOR: "Perez" Suit Plaintiff Voluntarily Dismissed Claims
----------------------------------------------------------------
Claims against Fuel Doctor Holdings, Inc.'s subsidiary were
voluntarily dismissed in September, according to the Company's
October 9, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended June 30, 2012.
On August 12, 2011, the Company was named as a party to a Class
Action Complaint filed by Benjamin Anthony Perez (Benjamin Anthony
Perez vs. Fuel Doctor, LLC) in the United States District Court
for the Central District of California (Case No. SACV11-01204).
The plaintiff alleges that Fuel Doctor, LLC's product, the FD-47
did not work as advertised. The management of the Company
believes that this lawsuit is without merit and the Company will
vigorously defend itself in this lawsuit. Even if the Company
succeeds in defending against the litigation, the Company is
likely to incur substantial costs and its management's attention
will be diverted from its operations.
On September 20, 2012, the plaintiff filed a stipulation for
voluntary dismissal with the Court dismissing the Claim against
all defendants.
FUEL DOCTOR: "McGinnis" Suit vs. Unit Remains Pending in L.A.
-------------------------------------------------------------
On July 26, 2011, Fuel Doctor Holdings, Inc., was named as a party
to a Class Action Complaint filed by Derrick McGinnis (Derrick
McGinnis vs. Fuel Doctor, LLC) in the Los Angeles Superior Court
(Case No. BC466191). The plaintiff alleges that Fuel Doctor,
LLC's product, the FD-47 did not work as advertised. The
management of the Company believes that this lawsuit is without
merit and the Company will vigorously defend itself in this
lawsuit. Even if the Company succeeds in defending against the
litigation, the Company is likely to incur substantial costs and
its management's attention will be diverted from its operations.
No further updates were reported in the Company's October 9, 2012,
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarter ended June 30, 2012.
GOLD RESOURCE: New York Investor Files Class Action
---------------------------------------------------
Wayne Heilman, writing for The Gazette, reports that a New York
investor has filed a class-action lawsuit against Colorado
Springs-based Gold Resource Corp. and its two top executives
alleging that the company and executives violated federal
securities laws by misleading investors about the company's
operations and financial projections.
The suit was filed on Oct. 25 by Scott Cantor in Denver federal
court against Gold Resource, CEO William Reid and President Jason
Reid on behalf of all investors who bought the company's stock
between Jan. 30 and Oct. 17. Mr. Cantor bought 800 shares of the
company's stock for $20,142 between April 13 and July 25.
Gold Resource owns six mining properties in southern Mexico,
though only one is producing gold and silver; the company has
gained notoriety for paying its dividends in gold coins. Former
U.S. Gold Corp. CEO William Reid and his brother, David, started
the company in Denver in 1998. Gold Resource acquired a townhome
across from The Broadmoor hotel for $1.73 million in 2010 and
moved its headquarters there in May 2011.
Gold Resource told investors Jan. 30 it had produced more than
66,000 ounces of gold last year and expected to produce between
120,000 and 140,000 ounces this year. On Oct. 17, the company cut
its production estimates for this year a second time to 85,000
ounces. Since closing at $26.02 on Jan. 30, Gold Resource shares
have declined 37.4 percent to $16.30 on Oct. 26, it lowest closing
price since Sept. 9, 2010.
Levi & Korsinky, a New York-based law firm specializing in
shareholder litigation, and Ryan & Maniskas, a Wayne, Pa., law
firm also specializing in shareholder suits, both said on Oct. 26
in press releases that they had filed similar lawsuits in Denver
district court, but neither suit is listed on the court's docket.
Neither law firm could be reached on Oct. 29 for comment; many
East Coast businesses were shut down as Hurricane Sandy began
pounding the region.
The company, through a spokesman, declined to comment on Oct. 29.
Gold Resource has not filed a formal response to the suit but has
several weeks to do so.
The suit filed by Mr. Cantor alleges the company and the two
executives misrepresented or failed to disclose that:
* "The overly aggressive expansion of Gold Resource's underground
operations in the first quarter of 2012 had created operational
difficulties" in its only producing mine in southern Mexico, which
resulted in lower production.
* The company's production results earlier this year were based on
mining lower-grade ore.
* Significant operational efficiency improvements were required at
the mine, including upgrading electric power throughout the mine,
expanding ventilation and installing equipment to handle increased
ground water as mining moved to greater depths, limiting the
company's ability to mine higher-grade areas.
* The company's cutback in using the least expensive method of
underground mining forced it to process more diluted ore and mine
from areas with lower metal grades.
* As a result of the four previous allegations, Gold Resource was
getting far less ore from the lowest-cost method of underground
mining.
* A buyer of metal concentrates from the company, which Gold
Resource has not identified, is claiming its invoices should be
reduced by 10 percent, or 2,300 ounces.
The suit also alleges the company and the two executives achieved
a "facade of success, growth and strong future business prospects
by blatantly misrepresenting the company's business prospects."
The suit further alleges that "bullish statements" made through
press releases and presentations to securities analysts had
"artificially inflated" the company's stock price, in part so it
could continue paying and increase its dividends because members
of the Reid family owned 14 percent of Gold Resource's stock
between Jan. 30 and Oct. 17.
GREAT SOUTHERN: Class Action Over Investment Schemes Commences
--------------------------------------------------------------
Sky News reports that a class action involving 22,000 group
members and individual plaintiffs has begun in Victoria over the
collapse of the Great Southern investment schemes.
The proceeding has more than 22,000 group members and individual
plaintiffs.
It relates to investments in various agribusiness projects
undertaken by Great Southern, including forestry, horticulture,
viticulture and cattle.
The case was about greed triumphing over diligence, Garry Bigmore
QC for the investors told the Victorian Supreme Court in his
opening statement on Oct. 29.
He said the yields which had been forecast for investors could
have never been achieved.
But Paul Santamaria SC, for former Great Southern executive
director John Young, described the suggestion that greed had
triumphed over due diligence as "nonsense".
He said the details of the schemes had been spelt out in product
disclosure statements.
There are 12 defendants in the case, with more than 30 lawyers and
barristers spread across three large tables.
The trial before Justice Clyde Croft is expected to run until
March next year.
GUNNS: Macpherson + Kelley Mulls Class Action
---------------------------------------------
Ben Butler and Lucy Battersby, writing for The Sydney Morning
Herald, report that the law firm behind a mammoth class action
against the failed forestry group Great Southern that began on
Oct. 29 is also considering whether to launch a similar action
against Gunns.
A principal with Macpherson + Kelley, Ron Willemsen, said the firm
was weeks away from filing a class action against a third failed
forestry group, Willmott Forests, which it is already pursuing in
Federal Court proceedings.
The trial of Great Southern began in the Victorian Supreme Court
on Oct. 29, filling the room with more than 30 lawyers
representing investors in the company's managed investment
schemes, its directors and Bendigo and Adelaide Bank, which lent
money to investors.
Macpherson + Kelley represent about 2,000 of the 22,000 people
who, if the class action succeeds, stand to benefit by having
their investments returned and the loan used to finance it
declared invalid.
The trial, before Justice Clyde Croft, is expected to run until at
least early March and to call witnesses, including Great
Southern's founder John Young.
Counsel for the investors, Garry Bigmore, QC, showed the court a
product disclosure statement from 2005 that featured, on its
cover, a photograph of a gum tree seedling cradled in a pair of
hands.
He asked if the picture represented "nurture of an iconic natural
resource for profit, or dirty hands". "The growers were induced
to invest by the former. They have suffered as a result of the
latter," he said.
Wood production forecasts by Great Southern could never have been
achieved, he said. The company would never have been able to
plant the forecast 250 cubic meters of harvestable wood on each
0.33 hectare lot; it did not have enough land and would have known
at the time of writing the product disclosure statement that it
would have to "top up" its eucalypt forests with timber from
another source to give investors the projected returns, he said.
"The Great Southern story is the familiar one of greed; forever
increasing sales of agribusiness managed investment products
triumphing over diligence in the transparent offering of fair
investments."
Counsel for Mr. Young, Paul Santamaria, SC, said this was
"nonsense". "Investors who participated in the schemes did so
with their eyes wide open," he said.
Mr. Young had approved the product disclosure statements after
getting advice from some top-tier law firms, including Freehills,
he said. "Mr Young's approach was you pay top dollar to get the
best advice . . . and the [Great Southern] group paid top dollar
and got advice of high quality. Mr. Young was every bit entitled
to rely on that advice."
Great Southern, which collapsed in 2009, was the largest player in
a managed investment scheme industry that has been all but wiped
out by a series of failures.
Timbercorp also collapsed in 2009, with Willmott following in 2010
and Gunns going into administration in late September.
Speaking outside the court, Mr. Willemsen said his firm was
looking at launching action over Gunns' 2008 and 2009 managed
investment schemes. "They're closer to the time of Gunns running
out of money and not having been in a strong position to deliver
on the project," he said.
He said Macpherson + Kelley would also file a class action lawsuit
over a forestry scheme run by Willmott Forests in 2010.
"There are other schemes in relation to Willmot that are already
the subject of class action proceedings in the Federal Court, so
this one is to catch up with the others," he said.
HEWLETT-PACKARD: Judge Tosses "Crazy Cursor" Class Action
---------------------------------------------------------
Juan Carlos Rodriguez, writing for Law360, reports that a
California federal judge on Oct. 26 tossed a proposed class action
against Hewlett-Packard Co. that alleged it failed to properly
identify and fix problems with "crazy cursors" on some touch-
screen notebooks, saying the plaintiffs hadn't given HP enough
chances to fix them.
HOLOGIC INC: Awaits Okay of Del. Merger-Related Suit Settlement
---------------------------------------------------------------
Hologic, Inc. is awaiting court approval of its settlement of a
consolidated merger-related class action lawsuit commenced in
Delaware, according to the Company's October 15, 2012, Form 8-K/A
filing with the U.S. Securities and Exchange Commission.
On August 1, 2012, Hologic, Inc. (the "Company") filed a Current
Report on Form 8-K (the "Original Filing") with the SEC to report
the consummation of the transactions contemplated by the Agreement
and Plan of Merger, dated as of April 29, 2012, by and among the
Company, its wholly owned subsidiary Gold Acquisition Corp., and
Gen-Probe Incorporated ("Gen-Probe"), pursuant to which Gen-Probe
became a wholly-owned subsidiary of the Company.
A number of lawsuits have been filed against Hologic, Gen-Probe
Incorporated, and Gen-Probe's board of directors. These include:
(1) Teamsters Local Union No. 727 Pension Fund v. Gen-Probe
Incorporated, et al., Case No. 37-2012-00096793-CU-BT-CTL
(Superior Court of the State of California for the County of San
Diego); (2) Timothy Coyne v. Gen-Probe Incorporated, et al.
(Delaware Chancery Court); (3) Douglas R. Klein v. John W. Brown,
et al. (Delaware Chancery Court).
The two Delaware actions have been consolidated into a single
action titled: In re: Gen-Probe Inc. Shareholders Litigation,
Consolidated Civil Action No. 7495-VCL (Delaware Chancery Court).
The lawsuits were filed after the announcement of the Gen-Probe
acquisition on April 30, 2012, as putative stockholder class
actions. Each of the actions assert similar claims alleging that
Gen-Probe's board of directors failed to discharge adequately its
fiduciary duties to shareholders by failing to adequately value
Gen-Probe's shares and ensure that Gen-Probe's shareholders
received adequate consideration in Hologic's proposed acquisition
of Gen-Probe, that the Gen-Probe acquisition is the product of a
flawed sales process, and that Hologic aided and abetted the
alleged breach of fiduciary duty. The plaintiffs demand, among
other things, a preliminary and permanent injunction enjoining the
Gen-Probe acquisition and rescinding the transaction or any part
thereof that has been implemented. On May 24, 2012, the
plaintiffs in the Delaware action filed an amended complaint,
adding allegations that the disclosures in Gen-Probe's preliminary
proxy statement were inadequate. The defendants in the Delaware
action answered the complaint on June 4, 2012. On July 18, 2012,
the parties in the Delaware action entered into a memorandum of
understanding regarding settlement. The proposed settlement is
conditioned upon, among other things, the execution of an
appropriate stipulation of settlement, consummation of the merger,
and final approval of the proposed settlement by the Delaware
Court of Chancery.
Also, on May 21, 2012, and May 22, 2012, respectively, the
defendants in the California action filed a motion to stay such
action. On July 9, 2012, the Plaintiffs in the California action
filed for voluntary dismissal without prejudice. On July 12, 2012
the California Superior Court entered an order dismissing the
California complaint without prejudice.
INTUITIVE SURGICAL: "Perlmutter" Suit Dismissal Appeal Pending
--------------------------------------------------------------
An appeal from the dismissal of the class action lawsuit styled
Perlmutter v. Intuitive Surgical, Inc., et al., remains pending,
according to the Company's October 18, 2012, Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarter ended
September 30, 2012.
On August 6, 2010, a shareholder purported class action lawsuit
entitled Perlmutter v. Intuitive Surgical, Inc., et al., No. CV10-
3451, was filed against the Company and seven of the Company's
current and former officers and directors in the United States
District Court for the Northern District of California. The
lawsuit seeks unspecified damages on behalf of a putative class of
persons who purchased or otherwise acquired the Company's common
stock between February 1, 2008, and January 7, 2009. The
complaint alleges that the defendants violated federal securities
laws by making allegedly false and misleading statements and
omitting certain material facts in the Company's filings with the
Securities and Exchange Commission. On February 15, 2011, the
Police Retirement System of St. Louis was appointed Lead Plaintiff
in the case pursuant to the Private Securities Litigation Reform
Act of 1995. An amended complaint was filed on April 15, 2011,
making allegations substantially similar to the original
allegations. On May 23, 2011, the Company filed a motion to
dismiss the amended complaint. On August 10, 2011, that motion
was granted and the action was dismissed; the plaintiffs were
given 30 days to file an amended complaint. On September 12,
2011, plaintiffs filed their amended complaint. The allegations
contained therein are substantially similar to the allegations in
the prior complaint. The Company filed a motion to dismiss the
amended complaint. A hearing occurred on February 16, 2012, and
on May 22, 2012, the Company's motion was granted. The complaint
was dismissed with prejudice, and a final judgment was entered in
the Company's favor on June 1, 2012. Plaintiffs filed a notice of
appeal on June 20, 2012. That appeal remains pending.
Due to the uncertainty surrounding the litigation process, the
Company is unable to reasonably estimate the ultimate outcome of
the cases at this time, and therefore no amounts have been accrued
related to the outcome of the case. Based on currently available
information, the Company believes that it has meritorious defenses
to the action and that the resolution of the case is not likely to
have a material adverse effect on the Company's business,
financial position or results of operations.
JAMAICA PUBLIC: Government Appeals Ruling in Class Action vs. JPS
-----------------------------------------------------------------
Jerome Reynolds, writing for Go-Jamaica, reports that the
Government has filed an appeal against the Supreme Court ruling in
the class action suit brought by a group of people against the
Jamaica Public Service Company (JPS).
In July, Justice Bryan Sykes ruled that the energy minister does
not have the power to grant an exclusive license to the JPS.
Justice Sykes further ruled that the JPS license was invalid.
The light and power company has already filed an appeal.
In its appeal, the government is contending, among other things,
that Justice Sykes erred in his ruling.
The government is maintaining that the law gives the minister the
power to grant an exclusive license.
It is seeking an order to set aside the ruling by Justice Sykes
and an order that the JPS license is valid.
The government also wants the Court of Appeal to grant an order
that only a portion of the $24 million being sought in legal costs
by the claimants is to be paid.
The government is being represented by attorney-at-law Althea
Jarrett, while the claimants in the JPS class action suit are
being represented by attorney-at-law Marvalyn Taylor-Wright.
The claimants in the case are Dennis Meadows, Betty Ann Blaine and
Cyrus Rousseau.
KB HOME: Nov. 13 Hearing on Global Settlement of Drywall Suit Set
-----------------------------------------------------------------
A fairness hearing on a preliminary global settlement of a lawsuit
involving KB Home has been set for November 13, 2012, according to
the Company's October 9, 2012, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended August
31, 2012.
As of August 31, 2012, the Company has been named as a defendant
in 10 lawsuits relating to allegedly defective drywall material.
Seven of these lawsuits are "omnibus" class actions purportedly
filed on behalf of numerous homeowners asserting claims for
damages against drywall manufacturers, homebuilders and other
parties in the supply chain of the allegedly defective drywall
material. The Company is also a defendant in two lawsuits brought
in Florida state court and one lawsuit brought in Louisiana
federal court in each case by individual homeowners. On May 31,
2012, a global settlement of claims relating to the allegedly
defective drywall material, including those brought against the
Company, was preliminarily approved by the federal court judge
overseeing a multidistrict litigation case -- In re: Chinese
Manufactured Drywall Products Liability Litigation (MDL-2047). A
fairness hearing on the preliminary global settlement has been set
for November 13, 2012.
If the global settlement is finally approved and is accepted by
all parties in its current form, it will resolve all current
claims against the Company and bar any future claims against all
participating defendants, including the Company, related to the
allegedly defective drywall material. In such an outcome, the
Company's total costs arising from the global settlement would not
be material to its consolidated financial statements, and it may
be entitled to recover certain amounts for repairs it made to
homes affected by the allegedly defective drywall material. If
any of the plaintiffs in the current lawsuits against the Company
opt out of the global settlement, the Company would continue to
defend itself in those cases. Given the current stage of the
proceedings, the Company has not determined whether the outcome of
any such plaintiff's lawsuit would be material to the Company's
consolidated financial statements.
The Company says it intends to seek and is undertaking efforts,
including legal proceedings, to obtain reimbursement from various
sources, including suppliers and insurers, for the costs it has
incurred or expects to incur to investigate and complete repairs
and to defend itself in litigation associated with the allegedly
defective drywall material. Given uncertainties in the potential
outcomes of these efforts, some of which may involve pursuing
claims in international forums, the Company has not recorded any
amounts for potential future recoveries as of August 31, 2012.
MA LABORATORIES: Sued for Paying Employees Extremely Low Wages
--------------------------------------------------------------
Michelle Lou, Individually and On Behalf of All Others Similarly
Situated v. Ma Laboratories, Inc., Abraham Ma, Christine Rao,
Christy Yee, Case No. No. 5:12-cv-05409 (N.D. Calif., October 19,
2012) accuses the Defendants of paying extremely low wages to all
of their employees and minimizing labor costs in any way possible.
Ms. Lou alleges that the Defendants have violated the wage-and-
hour provisions of the Fair Labor Standards Act ("FLSA") by
depriving her, as well as others similarly situated, of their
lawful overtime wages. She adds that since at least 2006, the
Defendants have willfully committed widespread violations of
the FLSA by misclassifying all Inside Sales employees, also known
as "Sales Reps," as salaried exempt employees regardless of their
actual duties and responsibilities.
Ms. Lou worked for Ma Laboratories in San Jose, California, as an
Inside Sales representative from July 2006 to December 2009.
Ma Laboratories is a global distributor of PC systems and
components and one of the United States' largest privately held
companies. The Individual Defendants are directors and officers
of the Company.
The Plaintiff is represented by:
Janette Wipper, Esq.
Xinying Valerian, Esq.
SANFORD HEISLER, LLP
555 Montgomery Street, Suite 1206
San Francisco, CA 94111
Telephone: (415) 795-2020
Facsimile: (415) 795-2021
E-mail: jwipper@sanfordheisler.com
xvalerian@sanfordheisler.com
- and -
Jeremy Heisler, Esq.
Andrew Melzer, Esq.
Sanford Heisler, LLP
1350 Avenue of the Americas, 31st Fl.
New York, NY 10019
Telephone: (646) 402-5650
Facsimile: (646) 402-5651
E-mail: jheisler@sanfordheisler.com
amelzer@sanfordheisler.com
MICROSOFT CORP: Awaits Appeal Hearing in B.C. Suit Set This Fall
----------------------------------------------------------------
Microsoft Corporation is awaiting a hearing on an appeal from the
dismissal of an antitrust class action lawsuit pending in British
Columbia, Canada, scheduled this fall, according to the Company's
October 18, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended September 30, 2012.
A large number of antitrust and unfair competition class action
lawsuits were filed against the Company in various state, federal,
and Canadian courts on behalf of various classes of direct and
indirect purchasers of the Company's PC operating system and
certain other software products between 1999 and 2005. The
Company obtained dismissals or reached settlements of all claims
made in the United States.
All settlements in the United States have received final court
approval. Under the settlements, generally class members can
obtain vouchers that entitle them to be reimbursed for purchases
of a wide variety of platform-neutral computer hardware and
software. The total value of vouchers that the Company may issue
varies by state. The Company will make available to certain
schools a percentage of those vouchers that are not issued or
claimed (one-half to two-thirds depending on the state). The
total value of vouchers the Company ultimately issues will depend
on the number of class members who make claims and are issued
vouchers. The maximum value of vouchers to be issued is
approximately $2.7 billion. The actual costs of these settlements
will be less than that maximum amount, depending on the number of
class members and schools that are issued and redeem vouchers.
The Company estimates the total cost to resolve all of the state
overcharge class action cases will range between $1.9 billion and
$2.0 billion. At September 30, 2012, the Company has recorded a
liability related to these claims of approximately $500 million,
which reflects the Company's estimated exposure of $1.9 billion
less payments made to date of approximately $1.4 billion mostly
for vouchers, legal fees, and administrative expenses.
The three cases pending in British Columbia, Ontario, and Quebec,
Canada, have not been settled. In March 2010, the court in the
British Columbia case certified it as a class action. In April
2011, the British Columbia Court of Appeal reversed the class
certification ruling and dismissed the case, holding that indirect
purchasers do not have a claim. The plaintiffs have filed an
appeal to the Canadian Supreme Court, which will be heard in the
fall of 2012. The other two actions have been stayed.
MONSANTO: Faces Class Action Over "Involuntary Chemical" Study
--------------------------------------------------------------
Joe Harris at Courthouse News Service reports that Monsanto and
others conspired with an Army experiment to secretly poison people
with toxic chemicals in a giant segregated housing complex in the
1950s, a class action claims in City Court.
Lead plaintiff Benjamin Phillips Sr. claims defendants Monsanto,
Parsons Government Services and SRI International participated in
a study beginning in 1953 that lasted into the 1960s.
Mr. Phillips claims the study, the "Involuntary Chemical Study on
PI Residents" or "ICS", was conducted around the Pruitt-Igoe
housing complex in St. Louis.
"This study consisted generally of the following: defendants,
along with other known conspirators such as the United States
Army) and unknown conspirators caused to be sprayed upon the
residents and structures of PI chemicals, such as cadmium,
including potentially radioactive cadmium, with the knowledge or
consent of those resident, the administrators of PI or city or
other government officials. The purpose of this study is
unknown," the complaint states.
Mr. Phillips, who lived at Pruitt-Igoe at the time, claims the
chemicals caused emotional psychological trauma and harm as well
as personal injury.
He seeks actual and punitive damages for public nuisance,
liability, intentional infliction of emotional distress and
battery. He is represented by Elkin Kistner, with Bick & Kistner.
The 33, 11-story buildings in the Pruitt-Igoe complex were torn
down in the 1970s after the place became famous for its poverty,
crime and segregation.
PFIZER: Faces Class Action Over Arsenic-Contaminated Rice
---------------------------------------------------------
Courthouse News Service reports that Pfizer, Alpharma, Tyson
Foods, Pilgrim's Pride et al. contaminated Arkansas-grown rice
with arsenic, rice farmers claim in a class action in Arkansas
County Court.
PHILADELPHIA, PA: Real-Estate Owners File Tax Class Action
----------------------------------------------------------
Bob Warner, writing for Philly.com, reports that a class-action
lawsuit filed by several hundred Philadelphia real-estate owners
asks Commonwealth Court to void the budget deal made this year
between City Council and the legislature, leading to a one-year
delay in the city's use of more accurate property assessment
figures.
If successful, the lawsuit could reduce Philadelphia property tax
bills by as much as 25 percent but create equally large holes in
the city and School District budgets, totaling $150 million or
more. The individuals, partnerships, and corporations listed as
plaintiffs own about 1,240 parcels in the city.
The lawsuit, filed on Oct. 26 by the law firm Fox Rothschild,
contends that Council and the legislature violated tax uniformity
protections in the state and federal constitutions.
Lawmakers did so, the suit states, by deciding to base this year's
real estate taxes on admittedly inaccurate property values from
2011 and suspending the use of a calculation intended to protect
property owners from wide disparities between assessments and the
actual value of their properties.
There was no immediate reaction to the lawsuit from the Nutter
administration, which was focused on storm preparations.
Nutter signed onto the budget deal in June after Council rejected
his efforts to redo the city's property tax assessments with a
program known as Actual Value Initiative (AVI).
The final budget agreement pushed off the implementation of AVI
until next year, but AVI is likely to face continuing opposition
from some Council members, who remain concerned about the impact
on constituents, particularly in gentrifying neighborhoods where
real estate values have shot up significantly in recent years.
City real estate tax bills, scheduled to be mailed in January,
will continue to reflect the assumption that property tax
assessments amount to 32 percent of market value. But an analysis
by the State Tax Equalization Board, based on sales data from
2009, concluded that on average, the assessments amounted to only
25 percent of market value.
The legislature passed a law allowing the 32 percent figure to
remain in effect, making it harder for property owners to win
assessment appeals.
The lawsuit argues that the current arrangements will continue
forcing property owners "to pay taxes which are wholly based upon
arbitrary and unreliable property values." That might undermine
reassessment efforts throughout the state, according to the
petition, "by legislating artificially high tax assessments in the
year before that particular city undergoes a reassessment."
The lead plaintiff, Gerald S. Kaufman Group, owns the Terminal
Commerce Building, 401 N. Broad St.
PLAYTEX PRODUCTS: Sued Over Misleading Claims on Sunscreen
----------------------------------------------------------
Ama Sarfo, writing for Law360, reports that Banana Boat sunblock
says its SPF 85-110 formulas provide superior sunburn protection,
but a California woman on Oct. 25 said in a proposed class action
against suncreen maker Playtex Products Inc. that the claim is
misleading.
Plaintiff Aida Corra sued Playtex and co-defendants Energizer
Holdings, Inc. and Sun Pharmaceuticals LLC under California false
advertising law, alleging that the companies -- which market and
manufacture Banana Boat -- falsely advertise that their SPF 85-110
collection provides better protection than their SPF 50 products.
QUESTCOR PHARMACEUTICALS: Faces Three Securities Suits in Calif.
----------------------------------------------------------------
Questcor Pharmaceuticals, Inc. is facing three securities class
action lawsuits in California, according to the Company's
October 9, 2012, Form 8-K filing with the U.S. Securities and
Exchange Commission.
On September 26, 2012, a putative class action lawsuit was filed
against the Company and certain of its officers in the United
States District Court for the Central District of California
(Norton v. Questcor Pharmaceuticals, et al.). The complaint
purports to be brought on behalf of shareholders who purchased the
Company's securities between April 26, 2011, and
September 21, 2012. The complaint generally asserts that the
Company and certain of its officers allegedly violated the federal
securities law in connection with the purported issuance of false
and misleading information concerning Acthar. The complaint seeks
damages in an unspecified amount against the Company. Two
additional putative securities class actions were subsequently
filed by purported shareholders in the United States District
Court for the Central District of California, alleging
substantially similar claims against the same set of defendants.
Other, similar lawsuits may be filed against the Company. The
Company anticipates all of these lawsuits to be consolidated
pursuant to the Private Securities Litigation Reform Act of 1995.
The Company believes that it has meritorious defenses to these
claims and lawsuits. The Company believes that the probability of
an unfavorable outcome or loss related to this litigation and an
estimate of the amount or range of loss, if any, from an
unfavorable outcome are not determinable at this time.
REALOGY HOLDINGS: Awaits Approval of "Larsen" Suit Settlement
-------------------------------------------------------------
Realogy Holdings Corp. is awaiting court approval of its
settlement of a class action lawsuit commenced by Larsen, et al.,
according to the Company's October 9, 2012, Form 10-Q/A filing
with the U.S. Securities and Exchange Commission for the quarter
ended June 30, 2012.
The case captioned Larsen, et al. v. Coldwell Banker Real Estate
Corporation, et al. (case formerly known as Joint Equity Committee
of Investors of Real Estate Partners, Inc. v. Coldwell Banker Real
Estate Corp., et al), pending in the United States District Court
for the Central District of California, arises from the
relationship of two of the Company's subsidiaries with a former
Coldwell Banker Commercial franchisee, whose 40.5% shareholder
allegedly utilized the Coldwell Banker Commercial name in the
offer and sale of securities that were improperly sold. On March
26, 2012, the Court granted plaintiffs motion to certify a class
as to all claims except for false advertising. On April 13, 2012,
the court entered into an order stipulated by the parties to stay
the case for 60 days while the parties pursue mediation. The
Company's primary insurance carrier disclaimed coverage of either
liability or defense costs. Two mediation sessions were held and
at the end of the mediation session held on June 5, 2012, as a
matter of litigation avoidance, the Company entered into a
memorandum of understanding memorializing the principal terms of a
settlement of this action.
On July 19, 2012, the Company entered into a definitive settlement
agreement. Substantially all of the settlement will be funded
directly by the Company with only a modest contribution by its
insurance carrier. The settlement is subject to court approval
and other conditions and there can be no assurance that the court
will grant such approval. The Company accrued for the settlement
in June 2012.
REALOGY HOLDINGS: Settlement of "Cooper" Suit Approved in June
--------------------------------------------------------------
Realogy Holdings Corp. received final approval in June 2012 of its
settlement of a class action lawsuit filed by Frank K. Cooper Real
Estate #1, Inc., according to the Company's October 9, 2012, Form
10-Q/A filing with the U.S. Securities and Exchange Commission for
the quarter ended June 30, 2012.
The Company's subsidiary, Realogy Corporation ("Realogy"), is a
global provider of real estate and relocation services. Realogy
was incorporated in January 2006 to facilitate a plan by Cendant
Corporation (now known as Avis Budget Group, Inc.) to separate
into four independent companies -- one for each of Cendant's
business units -- real estate services or Realogy, travel
distribution services ("Travelport"), hospitality services,
including timeshare resorts ("Wyndham Worldwide"), and vehicle
rental ("Avis Budget Group"). On July 31, 2006, the separation
("Separation") from Cendant became effective.
In 2002, Frank K. Cooper Real Estate #1, Inc. filed a putative
class action against Cendant and Cendant's subsidiary, Century 21,
captioned Frank K. Cooper Real Estate #1, Inc. v. Cendant Corp.
and Century 21 Real Estate Corporation (N.J. Super. Ct. L. Div.,
Morris County, New Jersey). The complaint alleged breach of
certain provisions of the Real Estate Franchise Agreement entered
into between Century 21 and the plaintiffs, breach of the implied
duty of good faith and fair dealing, violation of the New Jersey
Consumer Fraud Act and breach of certain express and implied
fiduciary duties. The complaint alleged, among other things, that
Cendant diverted money and resources from Century 21 franchisees
and allotted them to brokerages owned by the Company Owned Real
Estate Brokerage Services known as NRT and otherwise improperly
charged expenses to marketing funds. On August 17, 2010, the
court certified a class consisting of Century 21 franchisees at
any time between August 1, 1995, and April 17, 2002, whose
franchise agreements contain New Jersey choice of law and venue
provisions and who have not executed releases releasing the claim
(unless the release was a provision of a franchise renewal
agreement).
On February 16, 2012, as a matter of litigation avoidance, the
Company executed a Stipulation of Settlement and on June 4, 2012,
the Court granted final approval of the settlement. The
settlement involves both monetary and non-monetary consideration
as well as contributions from insurance carriers. During the
second quarter of 2012, the monetary consideration of the
settlement was funded by the Company and the insurance carriers
into an escrow account established to fund claims made by class
participants. The non-monetary consideration includes, but is not
limited to, waivers and modifications of certain fees and payments
of incentive fees. The Company accrued the amount that would be
payable beyond carrier contributions in its financial results for
the year ended December 31, 2011. The full amount of this
settlement was subsequently accrued during the quarter ended June
30, 2012, as the amounts were funded by the insurance carriers and
final court approval during that quarter.
REVLON INC: Awaits OK of $9.2MM Deal in Exchange Offer Suits
------------------------------------------------------------
Revlon, Inc. entered into, and is awaiting court approval of, an
agreement to settle for $9.2 million lawsuits arising from its
voluntary exchange offer consummated in October 2009, according to
the Company's October 9, 2012, Form 8-K filing with the U.S.
Securities and Exchange Commission.
Revlon, Inc. (the "Company") has previously disclosed the
Company's involvement in various purported class actions and a
derivative shareholder action (together, the "Actions") filed in
connection with the Company's voluntary exchange offer consummated
in October 2009 (the "Exchange Offer"), most recently in its
Current Report on Form 10-Q for the second quarter of 2012 (the
"Q2 2012 Form 10-Q"). The Actions are currently pending in the
Court of Chancery of the State of Delaware, the Supreme Court of
the State of New York, New York County and the U.S. District Court
for the District of Delaware and are brought against the Company,
the Company's directors at the time of the Exchange Offer and
MacAndrews & Forbes Holdings Inc. (collectively, the
"Defendants").
Although the Company continues to believe it has meritorious
defenses to the asserted claims, the Defendants have agreed to the
terms of a settlement and on October 8, 2012, executed settlement
agreements that, if approved by the courts in which the Actions
are pending, will resolve all claims in the Actions (the
"Settlement").
The Settlement provides that the Defendants will make net cash
payments totaling approximately $9.2 million to settle all of the
pending Actions, and full and complete releases will be provided
to Defendants from all plaintiffs.
In addition, as disclosed in the Q2 2012 Form 10-Q, the Company
earlier executed settlement agreements resolving similar claims as
those asserted in the Actions (the "Stipulations") with Fidelity
Management & Research Company and its investment advisory
affiliates (collectively "Fidelity"), as well as two other
stockholders that exchanged shares in the Exchange Offer. The
Stipulations provide for additional compensation if, as here, the
Settlement has more favorable terms than those set forth in the
Stipulations.
As previously disclosed in the Q2 2012 Form 10-Q, in the second
quarter of 2012, the Company recorded a charge of $6.7 million
with respect to the Company's then-estimated costs of resolving
the Actions, including the Company's estimate at that time of
additional compensation to be paid pursuant to the Stipulations.
In addition to the charge of $6.7 million it recorded in the
second quarter of 2012, the Company has recorded an additional
charge of $2.2 million in the third quarter of 2012 in connection
with payments to be made as a result of the Settlement, which
includes the cost of additional compensation pursuant to the
Stipulations.
The Settlement is subject to court approval.
TRUGREEN LTD: Judge Orders Arbitration in Wage Class Action
-----------------------------------------------------------
Django Gold, writing for Law360, reports that TruGreen Ltd.
Partnership employees must resolve through arbitration their class
action allegations that the landscaping company shorted its
workers on wages, as set out in the employees' contracts, a Texas
federal judge ruled on Oct. 25.
U.S. District Judge Lee Yeakel dismissed collective action claims
raised by a trio of TruGreen technicians and telemarketers who
allege the company violated the Fair Labor Standards Act by
failing to compensate them at minimum wage through a "fluctuating
workweek" payment method, saying their class claims are barred by
an alternative dispute.
UNITED EDUCATION: Faces Class Action for False Advertising
----------------------------------------------------------
On October 15, 2012, Rachel Cordova, Rosalinda Mendoza, and Martha
Yates filed a class action complaint in the Superior Court of San
Diego, against United Education Institute ("UEI") alleging that
the school took advantage of them, by convincing them to take out
large student loans with the promise that, upon graduation, they
would receive job placement assistance that would find them well-
paying jobs in their chosen filed. Ms. Cordova and Ms. Mendoza
attended a UEI location in San Diego County, and Ms. Yates
attended UEI in Los Angeles. The lawsuit alleges that UEI engages
in false and misleading advertising to lure students desperate to
find work to enroll in its programs and amass thousands in Federal
school loans in order to pay for school. Instead of obtaining
help from UEI to find jobs upon graduation, however, the students
allege that they now have thousands in school loans, a substandard
education and no job in their chosen field of study.
UEI is a for-profit school that provides post-secondary education
in fifteen locations throughout California. It advertises
training in specific areas of study such as criminal justice,
dental studies, medical studies, and medical billing and insurance
coding. The complaint further alleges that UEI misrepresents the
cost of its programs in violation of the Education Code and
requires its students to pay for a cap and gown in order to
receive their diploma even if the student does not want to
participate in the graduation ceremonies.
Ms. Cordova, Ms. Mendoza and Ms. Yates hope that by bringing this
lawsuit they can prevent others from falling prey to what they
believe are deceptive and misleading practices by UEI. They are
represented by two law firms with extensive experience in consumer
and class action litigation: Callahan, Thompson, Sherman &
Caudill, LLP in Irvine, California and Duckor, Spralding, Metzger,
& Wynne in San Diego, California. Annette Clark, an attorney
working on the case, stated, "The situation that my clients are
facing because of their experiences at UEI is just heartbreaking.
UEI took advantage of individuals facing a hard economy, who were
desperate to find work. They were told that they would get a good
education and receive assistance in order to enter a career in a
field that would help them to earn more money. Instead, after
working hard in the program and graduating, all they have to show
for it is the huge debt for their student loans and no job to pay
it back."
The complaint seeks an order requiring UEI to fully comply with
all state laws applicable to private postsecondary vocational
education; make refunds to its students for all wrongfully
received fees; forfeit all fees and charges that were collected in
violation of the California Education Code; general damages; and
punitive damages.
CONTACT:
Scott L. Metzger, Esq.
Annette C. Clark, Esq.
DUCKOR SPRADLING METZGER & WYNNE
A Law Corporation
3043 4th Avenue
San Diego, CA 92103
Telephone: (619) 209-3000
Fax: (619) 209-3043
Counsel for the Plaintiffs
Robert W. Thompson, Esq.
Kathleen Hartman, Esq.
CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP
2601 Main Street, Suite 800
Irvine, CA 92656
Telephone: (949) 261-2872
Fax: (949) 261-6060
Website: http://www.dsmwlaw.com
Counsel for the Plaintiffs
UNITED STATES: Supreme Court Denies Cobell Settlement Appeal
------------------------------------------------------------
Rob Capriccioso, writing for Indian Country, reports that the U.S.
Supreme Court has announced that Kimberly Craven's petition for an
appeal of the $3.4 billion Cobell settlement on grounds that it
violates class-action law is denied.
In announcing the denial on October 29, the high court said on its
Web site that both Chief Justice John Roberts and Justice Elena
Kagan "took no part in the consideration or decision of this
petition."
Ms. Craven, a Sisseton-Wahpeton Oyate citizen, appealed the
settlement in August, telling Indian Country Today Media Network
then that Indians "are just not getting our fair share for all the
historical injustices, [and] loss of culture and economic
opportunity for our people."
"Obviously we're disappointed by the denial, but we knew going in
that the Supreme Court takes a very limited number of cases each
year," said Andrew Trask, a lawyer for Ms. Craven with the
McGuireWoods firm. "The silver lining is that this brings closure
to the questions Ms. Craven raised about the settlement, and
should expedite the class members' receiving the relief their
attorneys negotiated for them."
The court has not announced yet if it will take up a second Cobell
settlement appeal filed by three other tribal citizens in
September. Those appellants are Carol Eve Good Bear, a Fort
Berthold Reservation citizen; Charles Colombe, a Rosebud Sioux
citizen; and Mary Lee Johns, a Cheyenne River Sioux citizen.
"We are one step closer to finality and having individual Indians
paid," Keith Harper, one of the Cobell lawyers with the Kilpatrick
Townsend & Stockton firm, said in a posting on Facebook in
response to the denial.
The Cobell lawyers argued in a September filing with the court
that there was no conflict among the circuit courts on the legal
issues Ms. Craven identified, so they said the Supreme Court
should reject the petition.
Dennis Gingold, lead Cobell lawyer, noted in a letter to Indian
class members in September that a three-judge panel of the U.S.
Court of Appeals previously rejected all of Ms. Craven's
arguments, saying they were without merit.
Secretary of the Department of the Interior Ken Salazar said at a
recent gathering of the National Congress of American Indians in
California that he expected all of the petitions for appeal to be
denied, and he anticipates that payments to Indian class members
could go out by the end of the year.
Under the deal, most Indian class members will receive less than
$2,000, while the Cobell lawyers will receive nearly $100 million.
WAL-MART STORES: Seeks Dismissal of Gender Discrimination Claims
----------------------------------------------------------------
Andrew Harris, writing for Bloomberg News, reports that Wal-Mart
Stores Inc. asked a federal judge to deny a bid by 11 women to
pursue gender-discrimination claims on behalf of female employees
who worked for the retailer in Florida, North Carolina, Virginia
and four other southeastern U.S. states.
Citing a 2011 U.S. Supreme Court ruling that shattered a planned
national group lawsuit known as Dukes v. Wal-Mart, the company on
Oct. 26 asked Fort Lauderdale, Florida, U.S. District Judge Robert
N. Scola Jr. to reject the women's bid to create a smaller,
regional suit and asked him to limit participation in the case to
those who brought it.
Filed on Oct. 4, the Fort Lauderdale lawsuit is one of four
regional cases being pressed by women who worked for the world's
biggest retailer and allegedly suffered pay and promotion
discrimination.
"The Supreme Court held that the Dukes plaintiffs could not
proceed on behalf of a nationwide class, not because of its size,
but because plaintiffs had failed to 'establish the existence of
any common question,'" the Bentonville, Arkansas-based company
told Judge Scola in its filing.
Wal-Mart currently employs more than 94,000 people in Florida
alone, the company said, citing the plaintiffs' complaint.
Bid Dismissed
While Wal-Mart contends the class action rejected by the Supreme
Court cannot be revived. Plaintiffs' attorney Joseph Sellers said
in a phone interview on Oct. 29 that other high court precedent
supports his position.
Members of a failed class don't lose the right to sue as a group
simply because the time to do so lapsed while legal challenges
were pending, he said.
"Our clients ultimately want a chance to try their claims," Mr.
Sellers said. "If they win, they win. If they lose, they lose."
U.S. District Judge Reed O'Connor in Dallas on Oct. 15 dismissed a
bid by women from Texas and neighboring states to sue the company
as a group, ruling the class claims were filed too late.
The original Dukes case is still pending in San Francisco, where a
federal judge last month said a group could be certified if it
meets criteria outlined by the Supreme Court. Another case has
been filed in Tennessee.
The case is Love v. Wal-Mart Stores Inc., 12-cv-61959, U.S.
District Court, Southern District of Florida (Fort Lauderdale).
WESTERN ALLIANCE: Signs MOU to Settle Merger-Related Class Suit
---------------------------------------------------------------
Western Alliance Bancorporation entered into a memorandum of
understanding to settle a merger-related class action lawsuit,
according to the Company's October 9, 2012, Form 8-K filing with
the U.S. Securities and Exchange Commission.
On August 17, 2012, Western Alliance Bancorporation (the
"Company") entered into an Agreement and Plan of Merger with
Western Liberty Bancorp ("Western Liberty"). On October 9, 2012,
a memorandum of understanding was entered into regarding the
settlement of the action captioned Raul v. Ader, et al., which was
filed in the District Court of the State of Nevada, Clark County,
on behalf of a putative class of Western Liberty stockholders
against Western Liberty, Western Liberty's board of directors and
Western Alliance. In connection with the settlement contemplated
by the memorandum of understanding, which is subject to court
approval, Western Liberty has agreed to make certain additional
disclosures to its stockholders. A supplement, which contains the
"Additional Disclosure," to the proxy statement/prospectus
previously provided to Western Liberty stockholders in connection
with the proposed merger is being filed with the Securities and
Exchange Commission and mailed to the stockholders of Western
Liberty. The settlement did not affect the merger consideration
to be received by Western Liberty stockholders or the timing of
the special meeting of Western Liberty stockholders scheduled on
October 17, 2012.
WESTERN LIBERTY: Settles Merger-Related Class Suit in Nevada
------------------------------------------------------------
Western Liberty Bancorp agrees to settle a merger-related class
action lawsuit filed in Nevada, according to the Company's October
9, 2012, Form 8-K filing with the U.S. Securities and Exchange
Commission.
Western Liberty Bancorp (the "Company") and Western Alliance
Bancorporation ("Western Alliance") issued a joint press release
announcing the filing with the SEC and the mailing to Western
Liberty stockholders, of a supplement to the proxy
statement/prospectus provided to stockholders in connection with
the proposed merger of the Company and Western Alliance.
The supplement has been filed in connection with a proposed
settlement of a putative class action lawsuit that was filed in
the District Court of the State of Nevada, Clark County, on
September 21, 2012, by plaintiff David Raul against Western
Alliance, Western Liberty and the directors of Western Liberty.
The action alleges, among other things, that Western Liberty's
board of directors breached its fiduciary duties in connection
with the board of directors' approval of the proposed merger and
that Western Alliance aided and abetted such alleged breach of
fiduciary duties. The plaintiff seeks injunctive relief
preventing the merger, an order rescinding the proposed merger in
the event it is not enjoined, and damages as a result of the
alleged actions of the defendants, including attorneys' and
experts' fees.
The defendants believe this lawsuit is without merit but in order
to avoid the costs, risks and uncertainties inherent in litigation
and to allow stockholders to vote on the proposal to adopt the
merger agreement at the scheduled special meeting, counsel for
Western Liberty, Western Alliance and the other defendants have
entered into a memorandum of understanding with plaintiffs'
counsel to settle the action subject to court approval. The
settlement requires Western Liberty and Western Alliance to
provide certain additional disclosures set forth in the supplement
to the proxy statement/prospectus, but will not affect the merger
consideration to be received by Western Liberty stockholders or
the timing of the special meeting of the Western Liberty
stockholders.
WHOLESOY CO: Sued for Misrepresenting Yogurt Product
----------------------------------------------------
Courthouse News Service reports that Wholesoy Co. misbrands its
yogurt as containing "organic evaporated cane juice," but it's
just sugar, a class action claims in Federal Court.
YUM! BRANDS: Awaits Class Cert. Bid Ruling in Wage and Hour Suit
----------------------------------------------------------------
YUM! Brands, Inc. is awaiting a court decision on plaintiffs'
motion to certify a class for meal and rest break claims in In Re
Taco Bell Wage and Hour Actions, according to the Company's
October 16, 2012, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended September 8, 2012.
Taco Bell Corp. was named as a defendant in a number of putative
class action lawsuits filed in 2007, 2008, 2009 and 2010 alleging
violations of California labor laws including unpaid overtime,
failure to timely pay wages on termination, failure to pay accrued
vacation wages, failure to pay minimum wage, denial of meal and
rest breaks, improper wage statements, unpaid business expenses,
wrongful termination, discrimination, conversion and unfair or
unlawful business practices in violation of California Business &
Professions Code Section 17200. Some plaintiffs also seek
penalties for alleged violations of California's Labor Code under
California's Private Attorneys General Act as well as statutory
"waiting time" penalties and allege violations of California's
Unfair Business Practices Act. Plaintiffs seek to represent a
California state-wide class of hourly employees.
On May 19, 2009 the court granted Taco Bell's motion to
consolidate these matters, and the consolidated case is styled In
Re Taco Bell Wage and Hour Actions. The In Re Taco Bell Wage and
Hour Actions plaintiffs filed a consolidated complaint on
June 29, 2009, and on March 30, 2010, the court approved the
parties' stipulation to dismiss the Company from the action.
Plaintiffs filed their motion for class certification on the
vacation and final pay claims on December 30, 2010, and the class
certification hearing took place in June 2011. Taco Bell also
filed a motion to stay the proceedings until the California
Supreme Court ruled on two cases concerning meal and rest breaks,
and the court granted Taco Bell's motion to stay the meal and rest
break claims on August 22, 2011. On September 26, 2011, the court
issued its order denying the certification of the remaining
vacation and final pay claims. On April 12, 2012, the California
Supreme Court issued its ruling in Brinker Restaurant Corp. v.
Superior Court of San Diego concerning meal and rest breaks.
Thereafter, the court vacated the stay and ordered the parties to
file briefs concerning certification of a class for the meal and
rest break claims. A hearing was scheduled for October 19, 2012.
Taco Bell denies liability and intends to vigorously defend
against all claims in this lawsuit. However, in view of the
inherent uncertainties of litigation, the outcome of this case
cannot be predicted at this time. Likewise, the amount of any
potential loss cannot be reasonably estimated.
Asbestos Litigation
ASBESTOS UPDATE: Exemption Objection Denied in Ex-Worker's Suit
---------------------------------------------------------------
Judge Elizabeth W. Magner of the U.S. Bankruptcy Court for the
Eastern District of Louisiana denied the Objection to Exemption
filed by the trustee in the bankruptcy case captioned IN RE:
LAWRENCE BURNS, SR. BARBARA BURNS CHAPTER 13, DEBTORS, Case No.
12-10906 (E.D. La.).
When the Debtors filed for bankruptcy relief, Lawrence Burns
included in his Schedule of Assets and Liabilities a lawsuit. He
also claimed a corresponding exemption in the suit. The Trustee
objected to the exemption on a timely basis. After the Objection
was filed, the Debtors moved to convert their case from one
pending under Chapter 7 to Chapter 13.
Mr. Burns is 68 years old and suffers from colon cancer caused by
exposure to asbestos containing products. Prepetition, Mr. Burns
filed suit against numerous asbestos producers and users for
various damages, including lost wages. Postpetition, a $7,257
settlement was reached. A portion of the settlement is for
reimbursement for prepetition wages lost as a result of Mr. Burn's
medical condition. The Debtors allege that this portion is exempt
from the estate because it is a substitute for lost exempt
property. The Trustee disagrees arguing that because Mr. Burns no
longer works, the proceeds do not constitute "active earnings" and
are not exempt.
In support of her decision, Judge Magner pointed out that when the
Debtors filed for bankruptcy relief, Mr. Burns held a cause of
action against various defendants for lost wages. That cause of
action is an incorporeal right under Louisiana law, Judge Magner
noted. Incorporeal rights are not, in and of themselves, exempt
from seizure under Louisiana law; however, Louisiana jurisprudence
has found that a right to payment or reimbursement for the loss of
exempt property is also exempt, Judge Magner ruled.
A copy of Judge Magner's Decision dated October 5, 2012, is
available at http://is.gd/Zkaxqkfrom Leagle.com.
ASBESTOS UPDATE: Maryland Court Refuses to Remand 3 Suits v. GE
---------------------------------------------------------------
Judge George L. Russell, III, of the U.S. District Court for the
District of Maryland, in a memorandum opinion dated Oct. 5, 2012,
denied three separate Motions to Remand asbestos exposure lawsuits
after determining that General Electric, named as defendant in
three lawsuits, timely filed its Notices of Removal. Judge
Russell also pointed out that the complaints did not include
details as to how GE was involved in contributing to the alleged
exposure to asbestos.
The cases are:
* RONALD P. HURLEY, et al., Plaintiffs, v. ALLTITE GASKETS, et
al., Defendants, Civil Action No. GLR-12-462 (Md.);
* LISA COVINGTON, as Personal Representative of the Estate of
Otis Garnes, et al., Plaintiffs, v. OWENS ILLINOIS GLASS CO.,
et al., Defendants, Civil Action No. GLR-12-461 (Md.); and
* LINDA BING, as Personal Representative of the Estate of Ennis
B. Bing, et al., Plaintiffs, v. ALLTITE GASKETS, et al.,
Defendants, Civil Action No. GLR-12-458 (Md.).
Copies of Judge Russell's Decisions are available at:
http://is.gd/oaobWB
http://is.gd/RJepV4
http://is.gd/jehk5G
from Leagle.com.
ASBESTOS UPDATE: Union Pacific Directed to Amend Pleadings
----------------------------------------------------------
Magistrate Judge Cheryl R. Zwart of the U.S. District Court for
the District of Nebraska denied Union Pacific Railroad Company's
motion to change venue and sever asbestos exposure claims in the
case captioned GARY L. BLESSING, CONRAD E. LINDQUIST, Plaintiffs,
v. UNION PACIFIC RAILROAD COMPANY, Defendant, No. 8:12CV251
(Neb.), without prejudice to Union Pacific re-filing those motions
after evidence and arguments of counsel are more fully developed.
Magistrate Judge Zwart found that, for discovery purposes, the
Plaintiffs' claims are sufficiently related to one another and
arise out of similar transactions or circumstances. At this time,
the Defendant has not provided sufficient evidence to meet its
burden that severance or separate trials is warranted.
A copy of Magistrate Judge Zwart's Decision dated Oct. 5, 2012, is
available at http://is.gd/mMzmHzfrom Leagle.com.
ASBESTOS UPDATE: Del. Ct. Junks PACCAR's Bid to Dismiss Suit
------------------------------------------------------------
Charles Williams' original personal injury lawsuit for damages
allegedly arising out of his exposure to asbestos was dismissed by
a California state court on the ground of forum non conveniens.
At the time the California court dismissed the case, it directed
Mr. Williams to re-file the lawsuit in Texas, which the California
court deemed to be a preferable venue. Instead, the Plaintiff
re-filed the case with the Superior Court of Delaware, New Castle
County. Defendant PACCAR, Inc., seeks to dismiss the action on
the basis of the law of the case, arguing that that doctrine
obligated the Plaintiff to re-file in Texas.
In a decision dated Oct. 8, 2012, Judge John A. Parkins, Jr.,
denied the motion to dismiss, saying the actual holding of the
Californian court was narrow. Judge Parkins pointed out that the
California court held for a variety of reasons, including the
state of its docket and the Plaintiff's limited contacts in
California, and that it was an inconvenient forum for resolution
of his claims. The California court, however, never decided, nor
was asked to decide, that Delaware was an inconvenient forum for
resolution of the Plaintiff's claims, Judge Parkins pointed out.
Moreover, Judge Parkins said it has long been the policy of the
Court to accord great deference to the Plaintiff's choice of
forum.
The case is Charles Williams, v. PACCAR, Inc., C.A. No. 11C-09-129
ASB (Del.). A copy of Judge Parkins' Decision is available at
http://is.gd/097MBEfrom Leagle.com.
ASBESTOS UPDATE: AG Cites Acushnet Resident for Violations
----------------------------------------------------------
South Coast Today reports that the Attorney General's Office said
Wednesday, Oct. 24, it has filed suit against Acushnet resident
Ronald Oliveira for allegedly failing to properly remove asbestos-
laden shingles from properties he was renovating.
The lawsuit against Oliveira seeks up to $25,000 per day for each
violation of the Massachusetts Clean Air Act, the Attorney
General's Office said in a news release.
The complaint states Oliveira failed to follow proper procedures
and safety precautions when removing asbestos from three New
Bedford homes during renovations between September 2009 and April
2011.
"The scattering of asbestos debris in a residential neighborhood
presents an unacceptable public health hazard to residents and
workers," said Massachusetts Department of Environmental
Protection Commissioner Kenneth Kimmell in a statement.
Oliveira could not be reached for comment in a total of four
attempts by phone and email.
The complaint, filed Wednesday, Oct. 24, morning in Suffolk
Superior Court, alleges that in September 2009, Oliveira's
contractors cleaned shingles with a high-pressure power washer,
blasting asbestos into the ground and air.
During a Weld Street renovation in 2011, contractors working for
Oliveira covered asbestos shingles with new vinyl siding and
drilled through the shingles to install heating vents, releasing
asbestos fibers into the air, the complaint alleges.
A third renovation on Harmony Street in March 2011 saw contractors
dropping asbestos shingle debris from the third floor of a
building to the ground, according to the complaint.
The complaint further alleges that Oliveira and his contractors
failed to remove the shingles prior to the renovations and did not
maintain adequate wetness to prevent asbestos dust. He also
allegedly did not cover, label or seal containers with the pieces
of asbestos shingles during the renovation, the Attorney General's
Office said.
ASBESTOS UPDATE: Sandspit Supervisor Takes Blame for Fibro Issue
----------------------------------------------------------------
QCIobserver.com (British Columbia) reports that District
Superintendent Angus Wilson apologized to a group of Sandspit
parents at Tuesday night's school board meeting (Oct. 23), saying
that the district had failed to keep their children safe from
possible asbestos exposure.
An emotional group of parents told Mr. Wilson and trustees that
the community didn't get enough information about the asbestos
problem in the school gym, and were devastated to learn that
students and other residents may have been exposed to asbestos on
several occasions.
Roberta Wagenstein said her son and daughter were told to get
chairs from the gym's washroom area for a cultural performance in
mid-September. The chairs were covered in construction dust and
were stored in an area that contains asbestos. The event happened
several days after school administration had been ordered by
district staff to close the gym completely due to the asbestos
issue.
"How do you let kids go in there when you know there is the
possibility of asbestos?" she asked. "I just feel they totally
failed, whoever was there with them totally failed to keep them
safe."
Ms. Wagenstein said she is also concerned because the gym had been
used by babies and toddlers in the StrongStart program and other
community members in early September, before it was ordered
closed.
Mr. Wilson responded with an explanation of how the district
learned about the asbestos issue, and how he had dealt with it.
He also offered an apology.
"It is one of our core responsibilities to keep your children safe
and we failed," he said. "It is inexcusable and that's that."
He explained that the asbestos issue began sometime in late August
-- he is not sure of the actual date -- when the contractor who
had been working all summer to put a new exterior on the school
gym cut into a wall to put a window in. The window work was not
part of the original project, but had been added at the request of
a community group. The gym was built in an era when asbestos was
routinely used in construction, and cutting the wall should have
immediately triggered an asbestos concern.
Mr. Wilson said he first realized there was a problem when he
inspected the site on Sept. 13. A board employee immediately
contacted WorkSafe BC and consultant Pacific Environmental.
Repairs could not be made until the district received the go-ahead
from WorkSafe BC and specific materials, he said. The maintenance
supervisor ordered the principal through a phone call to close the
gym on Sept. 17, he said.
Mr. Wilson said no one had anticipated that asbestos would be
released during the summer maintenance project, because it was
expected that it would involve only the exterior. He told the
parents that he should have considered this possibility during the
planning stage of the project. He also said that district staff
should have travelled to Sandspit to make sure the gym was
completely sealed.
"The error was mine in not even thinking about it when the project
started in June," he said.
Investigation by the consultant has revealed that the drywall
mudding that was used during the original construction contains a
small amount -- about 1% -- of asbestos, Mr. Wilson said. The
asbestos-containing mudding is located in four places, he said:
the stairwell to the mezzanine, in the boys' and girls' change
rooms and the wall at the back of the janitor room. Mr. Wilson
said he had just received this information from Pacific
Environmental that morning. Although the amount of asbestos is
small, it still considered a risk, he said.
Meanwhile, he said, the cleanup has now been completed and the
holes in the wall that remain will soon be closed.
A community meeting is scheduled for Oct. 24 in Sandspit to update
residents about the situation.
ASBESTOS UPDATE: Fibro Closes Cape Breton First United Church
-------------------------------------------------------------
The Cape Breton Post (Sydney, Nova Scotia) reports that the recent
discovery of mold and asbestos at First United Church on Whitney
Avenue could be the tipping point that sees the church close its
doors for good.
Recently, workers discovered asbestos and mould contamination in
one room of the building, which was then securely sealed on the
advice of local hazardous materials contractors. The basement of
the building has also been closed and sealed.
The property committee in charge of the First United Church
building has yet to determine how it will resolve the
contamination issue and has contracted All-Tech Environmental
Services to run tests on the building, the results of which are
expected to be known by the end of the month.
The congregation voted on Sunday, Oct. 21, to immediately close
the church to avoid any possibility of health risks. Parishioners
have been advised to attend alternate church services, primarily
the nearby United Baptist Church.
First United's minister, Rev. Wade Reppert, said the mold issue
wasn't difficult to resolve and the extent of the more serious
asbestos problem will be determined through testing, but he
emphasized that talks on a permanent closure began long before the
discovery of asbestos and mold.
"We have a long history (in the United Church) of uniting
congregations," he said, adding that closure discussions haven't
been centered around issues like deficits or declining attendance.
"For instance, First United is a union of two United churches, and
before that it was a union of Presbyterian and Methodist churches
in Sydney.
"Our permanent decision (on closure) is influenced by a much
larger field of interest on discussions we are having with other
churches in the area, discussions which predate any health
concerns that have arisen."
ASBESTOS UPDATE: US Senator Pushes Expansion of Libby CARD Clinic
-----------------------------------------------------------------
Tristan Scott of The Missoulian reports that the last time U.S.
Sen. Max Baucus visited the Center for Asbestos Related Disease
(CARD) clinic in Libby, the organization was housed in a trailer
home and served only a fraction of its current patients.
"It's so much better to come in here now as a patient," said
92-year-old Leota Brooks, a board member and patient at the CARD
clinic whose entire family has either died from or been diagnosed
with asbestos-related disease.
On Wednesday, Oct. 24, Baucus, D-Mont., met with Brooks and other
board members and CARD providers in Libby to hear their assessment
of the state of the program, which was revamped with the help of
federal appropriations secured by Baucus and a provision he
inserted into the Obama administration's health care reform bill,
the Affordable Care Act, which he helped author.
Because of the provision, victims of asbestos-related disease in
Libby are now eligible for a range of federal health care
benefits, including services not normally covered by Medicare.
The provision provides funding for screenings as well as Medicare
coverage for all Libby residents with asbestos-related disease.
"Patients receive the same benefits they would if they turned 65,"
said Tanis Hernandez, administrative director at CARD.
Under a special Medicare pilot program, the government also pays
for services not included under Medicare, such as home care,
medical equipment, counseling, help with travel, and medications
not covered by Medicare prescription plans.
"Providing Libby victims with the consistent, reliable health care
they are entitled to under the law is the least we can do to help
right this outrageous wrong," Baucus said.
CARD, a community-based nonprofit organization, was established in
2000 to provide asbestos screening and health care to patients
sickened through asbestos exposure. More than 400 Libby residents
have died of asbestos-related disease in the past several decades
and thousands more are sickened from breathing asbestos fibers,
which for decades were released into the air by a vermiculite mine
operated by W.R. Grace and Co.
In 2009, U.S. Environmental Protection Agency Administrator Lisa
Jackson issued a public health emergency finding at the Libby
Superfund site, which is considered one of the nation's deadliest
Superfund cleanup projects. Victims of public health emergencies
are entitled to ongoing health care by law.
Since the extent of asbestos-related disease came to light in late
1999, the CARD clinic has acquired a caseload of more than 2,800
patients and continues to grow.
The extension of services to patients diagnosed with asbestos-
related disease include full Medicare benefits, specialized care
through the Medicare Pilot Program for Asbestos Related Disease,
and ongoing asbestos screening.
* * *
During the first year that funding became available for
screenings, 783 patients have been screened, and 74% of them have
been under the age of 65. Of the new patients screened, 46% -- or
363 patients -- were diagnosed with asbestos-related disease, said
Tanis Hernandez, administrative director at CARD.
The screenings and Medicare coverage are critical services for the
affected population, Hernandez said. But many hurdles in
affordable care remain.
For example, 25% of the new patients are ineligible for the
Medicare Pilot Program because they live outside Lincoln or
Flathead County. The pilot program includes benefits not covered
under Medicare, like daily living assistance and medical costs.
Another problem that has not been addressed are co-pays on
medications, Hernandez said. Currently, the co-pay for an Advair
Inhaler, something most patients with asbestos-related disease
use, is $40 a month.
"We've still got more work to do, but it's nice to be worrying
about those kinds of details rather than about how we are going to
keep our doors open," Hernandez said.
In March 2010, the CARD clinic broke ground on a renovation
project that allowed the organization to expand, due to Baucus'
efforts to secure a $6 million grant for the Lincoln County Health
Department and a consortium of at least three health care
entities.
"We literally doubled our size," said Michael Giesey, president of
the CARD board.
While Baucus commended the staff on its work to grow the clinic,
he acknowledged that the work was not done.
"There are obviously issues that we're really going to have to
work on," Baucus said, adding that he would see about expanding
the Medicare pilot program to patients living outside Lincoln and
Flathead counties whose exposure to asbestos occurred in Libby.
ASBESTOS UPDATE: Cwmcarn Parents Delighted on Ebbw Vale Relocation
------------------------------------------------------------------
The South Wales Argus reports that Cwmcarn High School pupils will
remain together for this academic year at least -- after
Caerphilly councillors agreed a GBP1.4 million relocation to Ebbw
Vale.
All 937 students will journey about 15 miles to the former Coleg
Gwent campus from November 5 after councillors unanimously agreed
to the proposal.
However, the long-term future of the school is still unclear,
following the discovery of asbestos there nearly two weeks ago.
An emergency meeting of Caerphilly council on Oct. 23 resolved the
short-term future. But, asked about provisions for 2013-14,
corporate director Sandra Aspinall said this will become clearer
in the next few months.
Aspinall said: "We will look at the work needed once the school is
vacated and assess what needs to be done before determining how we
move forward."
Hundreds of parents packed the council chamber, with Ms. Aspinall
outlining four options for the rest of this academic year.
Three would have seen pupils either transferred to other schools
or taught in temporary units at Cwmcarn, which would have led to
redundancies, new teachers for youngsters and classrooms split.
She recommended the move to Ebbw Vale, saying it was the preferred
option to "keep the school community together."
Many youngsters now face a one-hour journey morning and afternoon,
with Caerphilly councillors agreeing the authority should fund the
GBP1,420,000 cost of re-commissioning the Ebbw Vale site, running
costs and transport.
This will be met from an under-spend of GBP400,000 in the home-to-
school transport budget, GBP200,000 from a schools contingency
fund and GBP820,000 from general fund balances.
Cabinet member for education Rhianon Passmore called the situation
"unprecedented", paying tribute to the parents, pupils and staff,
for the way they've dealt with the situation.
Members of all parties agreed the move, with parents delighted.
Ann-Marie Croker has two children at Cwmcarn, which she called "an
amazing school", adding: "We want to keep the school community
together."
Welsh education minister Leighton Andrews has said that every
local authority was to be asked for information on asbestos in
schools.
"We need to know from the Welsh Government that it is to carry out
a comprehensive register on the levels of risk associated with
that asbestos and then a plan for dealing with it. That's not
what we've got from the government," she said.
ASBESTOS UPDATE: Widow Calls Out Late Husband's Peers for Info
--------------------------------------------------------------
A devastated widow whose husband's death was caused by exposure to
asbestos has launched an emotional appeal urging former colleagues
to come forward with information.
Wood machinist Brian Grover, 69, died on April 30 this year after
an 18-month battle with mesothelioma -- a cancer usually caused by
exposure to asbestos.
An inquest at Bromley Coroner's Court held on Aug. 9 this year
confirmed Mr. Grover's death was due to "asbestos-related
occupational disease."
His wife Valerie Grover, from Upper Norwood, has enlisted the help
of specialist asbestos lawyers Irwin Mitchell and is searching for
her husband's ex-colleagues as they may hold key evidence about
how he came into contact with the lethal fibers.
She believes Mr. Grover's cancer was caused by exposure to the
material while he was working for construction company G&W Waller,
later known as Carlton Waller, based in Balham Grove, Wandsworth.
During the mid-1980s he worked in one of the company's large
warehouses where it is alleged workers used a large wall-mounted
saw to cut Asbestolux sheeting that was used in buildings for fire
protection and heat insulation.
Mrs. Grover said: "Brian first became unwell in late 2008. At
first it was only a tickly cough but when things did not improve
tests revealed he was suffering from mesothelioma.
"Brian fought the illness for as long as he could but in the end
it spread to his bones and he became so weak he was completely
reliant upon others to care for him, which was not easy for him to
deal with as he had always been such a strong, independent man."
Helen Ashton -- helen.ashton@irwinmitchell.com -- an industrial
illness expert at Irwin Mitchell, said: "The dangers of asbestos
exposure are well known and even as far back as the 1950s
employers knew about the risks."
Mrs. Grover said: "We had been happily married for 28 years and we
had been due to celebrate our pearl wedding anniversary next year.
"He was otherwise a healthy man but sadly this terrible illness
took him from me far too soon and has robbed me of the precious
time we should have been able to spend together as a couple."
Anyone who worked with Mr. Grover or who has information should
call Helen Ashton at Irwin Mitchell on 0870 1500 100 or email
helen.ashton@irwinmitchell.com
ASBESTOS UPDATE: Indian Lake Central School Up For Abatement
------------------------------------------------------------
Bill Quinlivan of Denton Publications, Inc., reports that Indian
Lake Central School Superintendent Mark Brand announced Oct. 16 at
the Board of Education meeting that the abatement of the asbestos
in the building is under way.
Asbestos was surprisingly discovered under the science lab and the
superintendent's office as well as in the records room recently
during construction. The abatement in these areas is to be
completed within two weeks.
It was also reported that actual costs of abatement appears at
this point to be coming in considerably lower than was
conservatively estimated at the outset. However, the actual cost
for the laboratory monitoring of the abatement will be incurred on
an hourly basis and will not be known until the abatement in these
areas is complete.
With this announcement, coupled with a desire to be as frugal as
possible with the budget, conversation among the board members
ensued surrounding whether the other areas of abatement should be
contracted while the team is in the facility. The hope being that
setup costs could be amortized over the complete abatement, thus
leading to enhanced fiscal responsibility. There remain two more
areas that need abatement, the largest being under the gymnasium.
The decision was made to try to acquire an estimate of the cost
for the remaining abatement needed while the contractor is still
on premises. During the discussion, the question arose as to
whether any savings could be put toward the acquisition of the
much-wanted generator, and the board was reminded that these funds
must be returned to the general fund from which the board
appropriated them to handle the surprise asbestos discovery.
ASBESTOS UPDATE: Dislodged Fibro Relocates Spotswood Firefighters
-----------------------------------------------------------------
The Hobsons Bay Leader reports that Spotswood fire crews will be
relocated to Newport after asbestos-based tiles came loose during
renovations.
The Metropolitan Fire Brigade released a statement on saying the
asbestos-based tiles were disturbed when old carpet was being
removed from the Spotswood Fire Station, as part of upgrade works.
Firefighters from Spotswood have been relocated to the Newport
Fire Station as a precaution. Spotswood is a single-appliance
station and its pumper will be moved to Newport Station.
MFB Chief Officer Shane Wright said there would be no affect on
service delivery.
"Every day our fire trucks attend incidents and while they are at
these incidents, if another occurs a back up truck in the vicinity
attends the new incident," Mr. Wright said.
The MFB was aware of the presence of the tiles, which it says pose
no risk if undisturbed.
"Even in these circumstances, the risk is minimal but our
commitment to health and safety prompted this action," Mr. Wright
said.
"The safety of the community and MFB firefighters is our priority
and we will aim to resolve the situation swiftly."
MFB is working to have the station up and running as soon as
possible, Mr. Wright said.
"At this stage, we anticipate moving the truck and firefighters
back into Spotswood station next week."
ASBESTOS UPDATE: Singapore Updates Guidelines on ARD Prevention
---------------------------------------------------------------
Melissa Pang of The Straits Times in Singapore reports that the
government will take a close look at how to implement safer ways
of removing asbestos from buildings, and engage competent
contractors to do such work.
The review is expected to be ready for public consultation by
early next year.
The Ministry of Manpower (MOM) revealed this to The Straits Times
when asked about a study on preventive measures to eliminate
asbestos-related diseases (ARD) in Singapore. The study found
that the incidence of asbestos- related diseases has increased in
the last four decades.
Before it was banned in 1989, asbestos was commonly used in
buildings because of its good insulation properties and high
tensile strength. It can be found in roofing sheets, ceiling
boards and floor tiles. It was also used for brake linings in
cars.
Though useful, the fibrous material is hazardous and inhaling it
can cause a lung disease known as asbestosis.
In the worst cases, malignant mesothelioma -- a cancer of the
lining of the lungs, abdomen or heart -- can occur. Because of
the health threat, asbestos is banned in more than 50 countries.
Singapore banned the use of raw asbestos in building materials in
1989, and in cars in 1995.
Despite that, workers who demolish or renovate buildings
constructed before 1989 would still be at risk of being exposed to
asbestos.
From 2000 to last year, MOM confirmed 26 cases of occupational
mesothelioma and three cases of occupational asbestosis.
Demolition works, and the wear and tear of asbestos containing
materials (ACM), can release asbestos fibers into the air, said
Dr. Lim John Wah, who co-authored a study on asbestos that was
published last year.
The occupational health physician from the National University of
Singapore (NUS) Saw Swee Hock School of Public Health also noted
in a research paper that asbestos related diseases -- in
particular, malignant mesothelioma -- are on the rise here.
Singapore recorded a sharp peak in asbestos usage around 1975.
This was followed by an increase in mesothelioma mortality leaping
from less than 0.5 to around 2.0 per million population per year
from the year 2000.
This, however, is not unusual because asbestos related diseases
have a long latency period, taking 30 to 40 years to surface, the
researchers said. The incidence rate is thus expected to increase
further.
Such a trend is similar to what is happening in other countries,
Dr. Lim noted.
Co-author Judy Sng from NUS Yong Loo Lin School of Medicine's
department of epidemiology and public health said the tragic thing
about mesothelioma is that almost all the time, it is diagnosed
too late for anything to be done. She added that there should be
greater awareness about this condition in the medical community.
Over the past decade, the Building and Construction Authority
(BCA) issued an average of about 700 demolition permits each year.
This includes permits for partial demolition.
Last year, MOM received 194 notifications on asbestos work.
The BCA's spokesman added that it works together with the MOM to
remind builders and engineers in the permit application, to
ascertain the presence of asbestos in the building before carrying
out demolition works.
If asbestos is present, they are required to notify MOM before
they start work.
Asbestosis -- the scarring of lung tissue from asbestos fibers --
and mesothelioma are the two key occupational diseases linked to
asbestos exposure covered under the Workmen's Compensation Act
(WCA) or the Work Injury Compensation Act (Wica).
The eligibility period to make a claim for compensation under WCA
or Wica for asbestosis is 36 months from the date the worker
ceased to be employed in the hazardous occupation and 12 months
for mesothelioma.
Of the 26 confirmed cases, two received compensation of SGD111,000
and SGD140,000 under WCA or Wica.
The remaining cases were not eligible for compensation under WCA
or Wica as they were diagnosed after the eligibility periods. Of
these cases, six claimants required financial assistance and
received ex gratia payments ranging from SGD16,300 to SGD60,000
from the Workers' Fund.
Dr. Lim said current guidelines state that workers handling and
removing asbestos materials in buildings have to be supervised by
people who have completed a course on it. This course, however,
is done only once, without the need for further re-training.
He suggested the authorities conduct refresher training for such
individuals so that their knowledge is up to date.
"Constant reminder and education of both employers and workers
about the hazards of asbestos is essential to protect the workers
who deal with asbestos," he said.
Dr. Lim also said there should be adequate training on the
different measures to prevent inhalation of asbestos dust, such as
control measures to prevent dust formation, personal hygiene, and
using and maintaining personal protective equipment.
ASBESTOS UPDATE: Somerset Coroner Lists 26 ARD Cases at Hinkley A
-----------------------------------------------------------------
BBC News Somerset reports that a coroner has expressed concern
about the number of former construction workers at a Somerset
nuclear power station who have died as a result of exposure to
asbestos.
West Somerset coroner Michael Rose said that in the past 14 years
he had personally recorded 26 cases.
Construction of Hinkley A was started in 1957 and large quantities
of asbestos were used for insulation.
Mr. Rose said it was impossible to know for sure how many had died
as a result.
The coroner had postponed a hearing earlier this year until
Thursday, Oct. 25 to give him time to ascertain the number of
deaths.
He said at the earlier hearing: "I have been concerned for some
time about the high number of mesothelioma cases arising from
workers employed at Hinkley Point power stations.
"More people have died in this county in the last quarter of a
century from asbestos-related diseases than any other industrial
illness or accident.
"In the last 10 years alone, 91 cases of mesothelioma have been
registered at Taunton and in the majority of cases I have found
they originated from asbestos exposure."
Mesothelioma is caused through breathing in fibers of asbestos.
The fibers can become lodged in the lining of the lung and it can
take up to 60 years for symptoms, such as breathing difficulties
and pain, to develop. There is no cure.
Mr. Rose said: "As I have a clear duty to prevent further deaths I
therefore wish to ensure all contractors are aware of the past
problems which have principally occurred during construction.
"I would again stress the cases I have investigated are all from
historic incidents, do not relate to the present operator's
stewardship and are in no way related to radiation."
ASBESTOS UPDATE: Presence of Chrysotile Closes Nielson Park Areas
-----------------------------------------------------------------
Mike Derry of NewsMail (Australia) reports that small fragments of
fibrous cement sheeting found on the ground at Nielson Park
earlier this month have tested positive to containing portions of
asbestos.
Bundaberg Regional Council health and regulatory services
spokesman Wayne Honor said results had confirmed the sheeting
contained a portion of chrysotile asbestos bonded in cement.
"The small pieces are likely to have come from an old kiosk
building which was demolished about 25 years ago," Cr Honor said.
"Although it has only been found in two isolated areas, a larger
area of the park has been fenced off as a precaution while further
investigations are undertaken to determine if further similar
material is present."
He said the pieces located on the surface had been sprayed with a
bonding "glue" to bind any fibers before removal.
"Once the full extent of surface material is identified, a series
of bore holes will be dug to determine whether there is any cement
sheeting underground," Cr Honor said.
"If any sheeting is found underground, these areas will be dug out
and refilled. All material will be professionally handled, wet
and disposed of appropriately.
"We are working with our safety officers and State Agencies and
will be using a qualified contractor to undertake the remediation
work," he said.
Cr Honor said the council apologized for any inconvenience to the
public but precautions were necessary in light of public safety
concerns.
"Council hopes to have the area open again soon," Cr Honor said.
Division 5 representative Cr Greg Barnes said the problem areas
had been highlighted with colored spray and residents were advised
to stay away from those areas until the council had dealt with the
problem.
ASBESTOS UPDATE: Hazmat Unconfirmed During Recycling Plant Fire
---------------------------------------------------------------
The Toledo Blade reports that fire crews on Thursday, Oct. 25,
continued to extinguish a fire at a recycling center in North
Toledo, expecting the process could take several days.
Crews were alerted to the Stickney Recycling Center at 4425
Creekside Ave. by a passer-by who reported flames about 4:22 a.m.
Thursday, Oct.25. There were no injuries, and fire crews
contained the fire later in the morning to the 47-foot-deep pit of
recyclable materials where the fire started, according to the
Toledo Fire Department.
Toledo fire Lt. Matthew Hertzfeld said it could take days to
completely extinguish everything because this is the type of fire
that will spread deep and across the pit because of the materials
that are burning.
Lieutenant Hertzfeld said the only hazardous material the center
takes is asbestos and asbestos-related items, but they are bagged
according to EPA standards. It was unclear whether the pit where
the fire started had such materials; an investigation on the cause
is ongoing.
The company did not return repeated phone messages requesting a
comment.
The center will continue to operate while the extinguishment
process continues.
ASBESTOS UPDATE: EPA Okays HazMat at NW Tasmania Landfill Site
--------------------------------------------------------------
The ABC News reports that the Environment Protection Authority has
given the go-ahead for an asbestos dump in Tasmania's north-west.
Final approval still has to be given by the Burnie City Council
which is likely to consider the planning permit at next month's
council meeting.
About 50 objections were lodged to plans to dump asbestos at the
existing landfill site at Minna Road in Heybridge.
The director of the Environment Protection Authority, Alex Schaap,
said the strict conditions it had imposed would address concerns
about health impacts, water emissions, contaminants, dust and
noise.
"There is a very low tolerance for risk in that area quite
rightly," Mr. Schaap said.
"I think it's that health concern impact that attracted the
board's attention and it's certainly the issue that's most
important to deal with in terms of approval and that's what we see
from the representations we've received."
Mr. Schaap said the EPA would also look at how deep the asbestos
had to be buried and in what weather conditions it could be
handled.
ASBESTOS UPDATE: Carcinogens Dumped At NHS Surgery Parking Lot
--------------------------------------------------------------
Alice Foster at YourLocalGuardian.co.uk reports that toxic
asbestos was dumped in a GP practice car park putting both
patients and doctors at risk.
The asbestos was dumped under cover of darkness last Friday,
Oct. 19, at Rowans Surgery, in Windermere Road, Streatham.
It was forced to pay more than GBP1,000 to get a company to remove
the large pile on Tuesday, Oct. 23.
Practice business manager Chris Newman said CCTV caught a white
transit van tipping asbestos near the path where patients walk.
Mr. Newman said: "I'm very angry. It's frustrating that of all
the places to choose to dump it they chose a NHS surgery.
"We have ill people coming here who are already unwell and the
last thing they need is for their health to be put at risk.
"It's almost like kicking someone when they are down."
As the asbestos was dumped on private property the removal had to
be paid from out of the surgery budget, which is devoted to care
for patients.
Tony Whitston, coordinator at the Asbestos Victims Support Group,
said he was appalled that fly tippers exposed patients to
asbestos.
Mr. Whitson said: "For anyone to dump asbestos or expose anyone to
asbestos is absolutely outrageous."
He said that the UK was suffering worse than any other country
from asbestos, which causes cancer, but did not believe in this
case patients were put at serious risk because the pile had not
been disturbed.
He said that the people who dumped it were at much greater risk
from the toxic dust it would have stirred up.
Mr. Whitson said: "I would like to reassure anyone that on this
occasion and in these circumstances the risk was very low but the
fact anyone was put at risk is outrageous."
Anyone with information should contact the Streatham Guardian on
020-8722-6337.
ASBESTOS UPDATE: AA Construction Pleads Guilty to HSE Charges
-------------------------------------------------------------
Lauren May at YourLocalGuardian.co.uk reports that a construction
firm that carried out unsafe demolition works by littering the
site with smashed up asbestos materials has been fined more than
GBP45,000.
AA Construction was carrying out work in Quintin Avenue near
Wimbledon Chase station in February 2011 when the breaches were
made.
Residents raised their concerns with the Health and Safety
Executive (HSE) that asbestos material was being dropped from a
height onto the road and footpath and that the site, which was
near to a school, was insecure.
The company was prosecuted by the HSE who said they had failed to
plan the work properly and had not carried out an asbestos survey
endangering the safety of their workers and the public.
The HSE also said inexperienced laborers had been hired by the
company to carry out the demolition and asbestos removal and were
not given sufficient instruction, training, or supervision.
The company, based in Harrow, pleaded guilty to breaching the
Health and Safety at Work Act 1974 and was fined GBP36,000, a
GBP15 surcharge and GBP9,159 in costs at Westminster Magistrates
on Oct. 24.
Helen Donnelly, HSE Inspector said: "Members of the public rightly
raised concerns about the unsafe working practices they witnessed
at Quintin Avenue, and I applaud them for doing so.
"AA Construction (London) Ltd took a reckless approach to
demolition, which could have resulted in a serious incident.
"Construction projects need to properly planned and safely managed
by competent personnel using the right procedures and equipment.
"That clearly didn't happen here, and I hope lessons have been
learned."
ASBESTOS UPDATE: Buckeye Lake Up for Fibro Check, Possible Cleanup
------------------------------------------------------------------
According to Scott Rawdon of The Buckeye Lake Beacon, demolishing
some of Buckeye Lake Village's uninhabitable homes takes just a
few minutes with a hydraulic excavator.
But the paperwork to reach that point can take months. Buckeye
Lake Director of Development Mike Cassidy said Monday night (Oct.
22) that four asbestos surveys are underway, which must be done
before seeking bids to bring the structures down. Buckeye Lake is
participating in the Move Ohio Forward Grant program.
The City of Newark is administering the program in Licking County.
Buckeye Lake hopes to get grant money -- some requiring matches,
some not -- to remove 20 dilapidated structures.
Buckeye Lake must pay the cost, both pre-demo for the asbestos
inspections, possible abatement and legal expenses and for the
actual removal upfront. The grant program then reimburses the
village's actual expenditures less any matching fund commitments.
In August, Buckeye Lake appropriated $50,000 toward the cost to
remove 10 houses.
Council President Charlene Hayden said she, Cassidy, Mayor Rick
Baker, and council member Barry Herron met with Newark Property
Code Official Ron Paul on Oct. 12 to discuss the procedure for
securing all the releases necessary before properties may be
considered for demolition.
"One of the most important concerns is asbestos removal," said
Hayden. "Sometimes this can be very costly depending on how much
asbestos the EPA finds in the structure. Then the asbestos has to
be removed before the structure can be demolished and hauled
away."
"It's why this is taking so long. We have to follow the rules,"
said Herron, who added that the asbestos tests could cost up to
$1,000 each. "We are working on it," he said.
An estimated 100,000 vacant and/or abandoned properties in Ohio
are targets for the $75 million program. The money comes from
Ohio's share of a national settlement reached with mortgage
companies earlier this year. In Licking County the county's grant
request of $570,000 was approved for 2012. Counties that did not
apply for their full allocation can apply for additional funds in
2013. Licking County's full allocation was $1,029,355.
While the most recent focus in Buckeye Lake Village has been on
removing dilapidated structures, a major housing development that
went into bankruptcy during the recession, is restarting under new
owners.
The Landings at Maple Bay is having a ribbon cutting ceremony and
offering a sneak preview from 3 to 5 p.m. on Thursday, Nov. 1.
"That's a real plus for our community that's happening again,"
said Baker.
The new owner is Stone Works, a local EPCON community builder.
This "autumn at the lake" event is hosted by the developer, who
will be joined by the Buckeye Lake Region Chamber of Commerce,
offering food, entertainment, and prizes.
ASBESTOS UPDATE: Scunthorpe Ex-Builder's Mate Dies of Mesothelioma
------------------------------------------------------------------
The Scunthorpe Telegraph reports that the widow of a man who died
from cancer caused by exposure to asbestos has called for measures
to be taken to prevent similar deaths.
An inquest at Cleethorpes Town Hall heard Leonard Tong, 62, of
Rochester Close, Scunthorpe, was diagnosed with malignant
mesothelioma in May. He died at home on June 3.
Mr. Tong's wife, Glynis, said the only time she could think he
would have been exposed to asbestos was when he worked as a
builder's mate.
This was between 1966 and 1978 and was before the couple met.
Mrs. Tong said: "Something has to be done to prevent people dying
from asbestos-related diseases.
"I would hate another family to go through what we have."
Mrs. Tong said in November last year, her husband was taken to
hospital complaining of chest pains, and a scan revealed a shadow
in his lung.
On a subsequent visit to hospital in May this year, doctors told
him he had an asbestos-related disease and that it "did not look
good."
Mrs. Tong said: "It was a massive shock to us, as he has led a
healthy life.
"He was a big family man and loved his children Rosslyn and Ian.
We had a happy life."
Born in Taunton in 1949, Mr. Tong met his future wife while they
were both on a singles holiday in Scotland in 1981.
He worked as a cabinet maker in Surrey from 1978 to 1982, before
moving to Scunthorpe so the couple could get married.
Mrs. Tong said: "After, he was a litter picker for North
Lincolnshire Council and really enjoyed his job.
"He would meet a lot of people and would always chat away to
anyone he met. He was a very friendly person."
The inquest heard a post mortem examination found the cause of
death to be malignant mesothelioma, with coronary artery disease a
contributing factor.
Coroner Paul Kelly recorded that Mr. Tong died as the result of an
industrial disease.
He said: "The mesothelioma was not, compared with some cases, that
far advanced.
"But Mr. Tong did have quite serious coronary artery disease,
which caused him to succumb rather sooner to the mesothelioma than
otherwise might have been the case.
"Asbestos was found in the person of Mr. Tong. That, together
with his working history which indicated that he was likely to
have been exposed to asbestos whilst working as a builder's mate
between 1966 and 1978, persuades me to record that Leonard Tong
died as a result of an industrial disease."
Mr. Kelly offered his condolences to Mr. Tong's family for losing
him to the "very wicked and pernicious disease".
ASBESTOS UPDATE: Fibro Found at Mullumb Hospital
------------------------------------------------
Blainey Woodham of The Northern Star (Australia) reports that
asbestos has been found in the soil beneath Mullumbimby Hospital,
Northern Rivers health boss Chris Crawford has announced.
In a statement released on Oct. 26, Mr. Crawford said he was told
by an industrial hygienist monitoring air quality at the site
about the new source of asbestos.
The presence of asbestos in the Mullum hospital building has
always been known about. However, this is the first evidence of
asbestos at the hospital outside of specific areas.
The industrial hygienist that made the new discovery was there as
part of a team the Northern NSW Local Health District (NNSWLHD)
had brought in to clean-up asbestos at the hospital as part of an
effort to keep it operational until the new Byron Shire Central
Hospital at Ewingsdale was built.
Under that work, Mr. Crawford said the hospital's emergency
department would have to be moved to another part of the hospital
for three weeks, starting Nov. 14.
"We expect to have the Hygienists report this afternoon (Oct. 26),
which will identify what remedial action needs to be taken (about
the new asbestos discovery)," Mr. Crawford said.
"As this new source is in the soil, it poses no threat unless
disturbed and the area has been cordoned off.
"This afternoon (Oct. 26) Hospital and Community Health Staff have
been briefed on the process of inspection, testing and remediation
action.
"The NNSWLHD will be investing further significant funds to have
the asbestos remediated at the Mullumbimby Hospital, as it intends
to keep the Hospital open and operating, and importantly, it wants
to ensure a safe workplace for our staff, patients and visitors."
ASBESTOS UPDATE: ITT's Asbestos Liabilities Manageable, Fitch Says
------------------------------------------------------------------
Reuters reports that on Oct. 26, Fitch Ratings has affirmed ITT
Corporation's (ITT) Issuer Default Rating at 'A-' and its short-
term IDR at 'F2'. The Rating Outlook is Stable.
The ratings are supported by ITT's well-established market
positions, solid liquidity and strong operating performance
including strong organic revenue growth and steady cash flows from
operations. ITT is a global manufacturer with customers in well-
diversified markets including automotive, energy and mining,
industrial processing, aerospace and defense, general industrials,
as well as rail, bus, truck, and trailer.
The company's large installed base allows it to derive
approximately 30% of revenues and a large percentage of operating
income from aftermarket sales, affording the company relative
revenue and margin stability during economic downturns.
Additionally, ITT benefits from the balance across business cycles
and from conservative financial policies that include its
commitment to maintaining investment grade ratings.
ITT has retained all of the asbestos liabilities after the split-
up with Xylem Inc. and Exelis Inc. in 2011. The company's
estimated 10-year liability net of expected recoveries from
insurers and other responsible parties totaled approximately $720
million as of June 2012. It is Fitch's view that ITT's
sizable asbestos liabilities are manageable due to moderate annual
cash funding requirements ranging from approximately $10 million
to $20 million over the next five years and from approximately $35
million to $45 million thereafter.
Fitch believes the company will manage its financial metrics
carefully due to risks surrounding legacy asbestos and
environmental issues. Fitch's evaluation of asbestos-related risk
to ITT's credit profile could change in the event of an unexpected
large cash settlement or a sizable revision of the liabilities,
although there is no indication of either at this time. Fitch
notes a recent asbestos related settlement agreement which
decreased asbestos liabilities and assets by approximately $250
million, somewhat lessening the company's overall possible
exposure.
Fitch's other concerns include its end market cyclicality, which
is somewhat mitigated by large aftermarket content and solid
product and geographic diversification. The company has
experienced margin pressures during the first half of 2012 raising
a concern regarding ITT's ability to implement price increases in
the future due to competitive pressures and its exposure to
commodity price volatility. ITT generated low free cash flows
relative to its cash flow from operations, mainly driven by high
capital expenditures and cash outflows related to asbestos claims.
Despite low leverage, Fitch notes the possibility of material
borrowings in the near term or weaker-than-expected cash flows.
Fitch expects ITT's revenue to increase by the mid-single digits
in 2012 driven by significant growth in its Industrial Process
segment due to strong demand across almost all geographic regions
and end-markets. The revenue growth is expected to be in high-
single digits in 2013 driven by higher expected demand and the
acquisition of Joh. Heinr. Bornemann GmbH (Bornemann Pumps) which
is expected to close in the fourth quarter of 2012. The company's
margins may be pressured in 2012 due to competitive pressures and
the weakness in Europe and Interconnect Solutions segment. Fitch
expects ITT to generate $100 million-$150 million of free cash
flow (FCF) after dividends annually over the next several years.
At June 30, 2012, ITT had solid liquidity of $1.2 billion
comprised of $739 million cash and approximately $460 million
available under its $500 million revolving credit facility. ITT
has strong leverage which is expected to be well below 1.0 times
(x) over the next several years due to the lack of debt and
because Fitch does not usually include asbestos liabilities as a
part of the total debt. Including asbestos liabilities (net of
assets), Fitch estimates adjusted debt to EBITDAR at year-end 2012
would be approximately 2.4x.
After the spin-off of Xylem, Inc. and Exelis, Inc., ITT assumed a
small portion of consolidated ITT's pension obligations, or
approximately $278 million as of Dec. 31, 2011. At that date, ITT
had a pension deficit of approximately $146 million, or 56% and
66% funded on a global and domestic basis, respectively. The
other postretirement benefit obligation was $267 million. As of
June 2012, ITT contributed $32.8 million to qualified pension
plans. The company plans to contribute additional $0.5 million
for the remainder of the year.
Future Rating Actions:
Fitch is unlikely to consider a positive rating action in the near
future given ITT's limited FCF. A negative rating action may be
considered if there is a sizable increase in cash outflows
associated with asbestos claims due to a large settlement or a
significant revision of net asbestos liabilities. Additionally,
Fitch may consider a negative rating action should the company
materially increase its leverage or if it is subject to unexpected
obligations arising from sharing agreements related to spin-offs
of Xylem, Inc. or Exelis, Inc.
Fitch affirms ITT's ratings as follows:
-- IDR at 'A-';
-- Senior unsecured bank facilities at 'A-';
-- Short-term IDR at 'F2';
-- Commercial paper at 'F2'.
Rating Outlook is Stable. The affirmation affects approximately
$40 million outstanding commercial paper.
ASBESTOS UPDATE: ETU Stops Work on Electric Meters Built Pre-1983
-----------------------------------------------------------------
Sam McKeith of The Australian Associated Press reports that a
Sydney power company has defended its safety practices after a
union banned work on electricity meters amid fears workers and
householders may have been exposed to asbestos.
The Electrical Trades Union (ETU) has stopped working on
electricity meters in homes built prior to 1983 after Endeavour
Energy, which covers about 800,000 homes in western Sydney, the
Blue Mountains and the Illawarra, issued a hazard warning to
staff.
The ETU, whose officials are Scheduled to meet with Endeavour
representatives on Tuesday, Oct. 30, over the issue, says the ban
is to protect the health of the union's members.
In a statement released on Sunday, Oct. 28, Endeavour defended its
safety practices, saying the safety of its customers and workers
remained its top priority.
"We issued a precautionary safety alert to our workforce on
Friday, Oct. 26, after one of our staff reported the presence of
dust residues in customers' meter installations in older homes,"
Endeavour's chief operating officer Rod Howard said.
"Some older homes built before 1988 may have customer meter boards
containing asbestos which is perfectly safe in its bonded form.
"If it is drilled, workers are required to remove any residue
according to standard industry safety practices."
Mr. Howard said homeowners were not at risk but that they should
contact a licensed electrician "if they needed to access their
switchboard."
In the hazard alert, Endeavour said it understood "that the
composition of meter boards installed prior to 1983 includes
asbestos."
The power company said there would be no work on or near
contaminated boards and staff would have to wear masks when
working on meter boards in older houses until a review was
completed.
An Endeavour spokesman told AAP he did not know how many homes
across its network had meter boards that contained asbestos.
ETU secretary Steve Butler said the work ban was imposed because
its members regularly worked on pre-1983 meter boards.
"Obviously the ETU's concern is that our members may come into
reasonably regular contact with this product," Mr. Butler told
reporters on Sunday, Oct. 28.
The president of the Australian Asbestos Diseases Foundation,
Barry Robson, called on the company to inform all of its customers
that there was a possibility their power boards contained
asbestos.
Ausgrid, another major power supplier, said asbestos was commonly
used in Australian meter boards installed prior to 1988, but it
was used in bonded form which didn't present a risk.
Essential Energy acknowledged that older meter boards might
contain asbestos which could pose a risk during drilling.
ASBESTOS UPDATE: Landlord Fights ODEQ Health Violation Charges
--------------------------------------------------------------
The Corvallis Gazette-Times reports that the Oregon Department of
Environmental Quality has fined a Corvallis property owner more
than $24,000 for alleged asbestos violations at a house he's
renovating at 3800 N.W. Country Club Drive.
The owner, Scott Sanders, was fined $12,235 for allowing an
unlicensed person to remove about 225 square feet of asbestos-
containing vinyl flooring from the house, the department
announced.
An additional $12,000 penalty was levied for improper disposal of
the material in an open waste bin on the property.
Sanders, who said he believes he was following the law, is
appealing both penalties.
ASBESTOS UPDATE: Vo-Tech School Allegedly Exposed Staff to Fibro
----------------------------------------------------------------
Sara K. Satullo of The Express-Times reports that a former
Bethlehem Area Vocational-Technical School technology specialist
has sued the school, claiming she was fired after raising concerns
about students and staff exposure to asbestos.
After four years working at the school, Sheila A. Wood, of Moore
Township, was suspended without pay on Aug. 16, 2010. She was
fired on Nov. 4, 2010, following a meeting before the vo-tech's
joint operating committee, according to the lawsuit.
School and committee officials said she violated the school's
Internet use policy and that she had engaged in various acts of
poor job performance, the suit states. But Wood argues she faced
disciplinary action and was later fired because she was outspoken
about asbestos exposure.
Wood's attorney, Brian M. Monahan, declined to comment beyond the
suit, saying it was early in the litigation.
John Freund, the attorney representing the vo-tech and other
defendants, called the suit unfortunate and unnecessary.
"The suit has no merit in our opinion whatsoever," Freund said.
"Ms. Wood was given an opportunity for a hearing. That hearing
occurred. She had a full opportunity to tell her side of the
story and the decision was against her."
But the lawsuit claims after Wood became vocal about her concerns
regarding asbestos the school's treatment of her changed greatly.
An independent investigation found that in 2009 at least two
teachers along with vo-tech students may have been exposed to
asbestos while remodeling a school-owned Hecktown Road home. The
school knew of the exposure, but did little to solve the problem,
the investigation found.
Administrators tried to take appropriate actions to address the
asbestos but failed for many reasons, including not posting
warning signs or keeping people out of the home, the report found.
The lawsuit claims there are also asbestos issues on the main
campus. Wood faced "severe" disciplinary actions after speaking
out at joint operating committee meetings, the suit states.
Wood alerted co-worker Richard Crosby of asbestos problems in the
information technology department where he was teaching.
Wood and Crosby then began attending meetings together to voice
their concerns, the suit says. Both Crosby and Wood were
disciplined; Wood was suspended for 10 days from Feb. 17, 2010, to
March 2, 2010, the suit states.
After the suspension, Wood's job duties were significantly
altered, her access to equipment was restricted, she didn't have a
master key crucial to her job and she was given inferior
equipment, the suit states.
"In short, (she) was set up to fail," the suit states.
In June of 2010, she was given a poor job evaluation. Then at the
beginning of July Wood was given notice of Loudermill hearing,
which is a due process hearing before an employer makes a decision
on firing an employee, the suit states.
At the hearing, numerous allegations that led to Wood's suspension
were repeated but none of the administrators in attendance could
name any misconduct, the suit says.
"The purported 'Loudermill' hearing was a sham," the suit says,
adding she was not given proof of her alleged conduct or given a
chance to respond.
Wood was then suspended without pay. She alleges that prior to
her termination she was continually harassed in an attempt to deny
her unemployment benefits. A hearing officer found that Wood had
not engaged in willful misconduct as alleged by the school, the
suit says.
Wood is seeking punitive damages and a jury trial.
The defendants in the case are: Vo-Tech Executive Director Brian
Williams; Irene Gavin, vo-tech supervisor of
instruction/principal; Sandra Klein, vo-tech supervisor of
lifelong learning-technology; John Haney, school technology
coordinator; Sharon Stack, chairperson of the joint operating
committee; and the vo-tech authority as well as Saucon Valley and
the Bethlehem and Northampton area school districts. Bethlehem is
being represented by attorney Paul G. Lees.
ASBESTOS UPDATE: Fibro Found in an LHA Project Unrenovated Unit
---------------------------------------------------------------
Lyle Moran of The LowellSun.com reports that a company hired by
the Lowell Housing Authority to find out how much asbestos is
present at the LHA's major housing developments found asbestos in
the only unit at North Common Village it surveyed this past
summer.
ATC Associates of Woburn found the asbestos in the second layer of
floor tile and associated mastic in 290 Adams St., Unit 231. It
also found asbestos in the black sink coating on the underside of
the kitchen sink.
The company's discovery of asbestos in an unrenovated unit comes
in addition to LHA Executive Director Gary Wallace's comments over
the summer that asbestos was found last spring in the floor tile
of two other North Common units that were not renovated.
ATC's discovery, in tandem with Wallace's comments, is once again
raising some questions about whether asbestos was present and
removed during the LHA's renovations of 132 North Common units
from 2008 to 2011.
Earlier this month, the state Inspector General's Office released
a letter with its determination that no asbestos was abated or
removed during the LHA renovations beginning in 2008. The IG and
FBI retained an independent expert to test material allegedly from
North Common and that allegedly contained asbestos, but said they
found allegations of illegal removal unfounded.
The Sun obtained a copy of ATC's July 12 report on the Adams
Street unit from the LHA in mid-October.
One reason ATC's finding of asbestos is raising questions is
because three other units in the 290 Adams St. building where it
was found were renovated during the North Common rehab.
The asbestos was also found in one part of the units, the floor
tile, where City Councilor Rodney Elliott had said people involved
with the project told him asbestos-containing materials were
removed.
Further, it is unclear if the Inspector General's Office ever
received a copy of ATC's report before concluding its joint
investigation with the FBI.
Jack Meyers, a spokesman for new Inspector General Glenn Cunha,
said he could not comment on whether the ATC report was provided
or not.
Wallace did not respond to multiple requests for comment over the
past week.
It is unclear why the LHA only surveyed one North Common unit this
summer, since it tested more units at other developments. ATC
recently surveyed more than a half-dozen other North Common units
and will provide the LHA with the results in the coming weeks.
ATC Project Manager David Mitchell told The Sun the asbestos found
in the second layer of green floor tile and mastic in the Adams
Street unit is not a health risk, but is the type that needs to be
removed when new floors are going to be put in. During the North
Common rehab, the units were gutted down to the studs and new
flooring was put in.
According to ATC's report, 2% nonfriable asbestos was found in
second layer of floor tile and 5% asbestos was found in the sink
coating. Nonfriable asbestos is less likely to crumble, which can
emit airborne asbestos fibers and cause a serious health threat.
Mitchell said the asbestos in the unit has since been removed.
Identifying the presence of asbestos in housing materials and
preventing exposure to them is important because exposure to
asbestos-containing materials can cause cancer.
Wallace has not provided the addresses of the other two units at
North Common where asbestos was found this spring, but said they
were units that had tenants occupying them for many years.
Two percent nonfriable asbestos was found in the tiles of the
units, Wallace said, which was the same percentage found in the
second layer of floor tile at the North Common unit surveyed by
ATC.
Wallace said this summer he believes 99% of units with nonfriable
asbestos floor tile were removed 25-plus years ago, but there are
a handful remaining.
"To the best of our knowledge, there were zero nonfriable asbestos
floor tiles in the 132 renovated units," Wallace said at the time.
The LHA has pointed to a 1988 contract with the Northern Asbestos
Abatement Company as one piece of evidence of prior asbestos
abatement at North Common. But a Sun review of a copy of the 1988
contract the LHA provided to the city indicates the abatement work
had nothing to do with housing units, but instead called for the
removal of asbestos from boilers and pipes in the buildings'
basement crawl spaces.
This summer, ATC found asbestos remaining in some of those crawl
spaces and recommended it be removed.
ATC also found 20-30% asbestos in the second layer of flooring in
the bathrooms of all 10 George Flanagan units it tested.
ATC surveyed the units prior to the expected kitchen and bath
renovation work in the units and recommended the asbestos be
abated. Mitchell said the LHA followed through and abated it.
The LHA did not test the North Common units for asbestos prior to
the renovations beginning.
ASBESTOS UPDATE: Vandals Stir Up Fibro in East Perth Building
-------------------------------------------------------------
ABC News reports that a play group in Perth's east says the person
who vandalized a building over the weekend could have exposed
themselves to asbestos.
The hall in which the Darlington play group meets has been badly
damaged.
The playgroup's Satya Barnao says the building contains lots of
asbestos.
She has told the ABC that the material was considered safe when it
was not damaged, but this is no longer the case.
"It is a shire building, shire of Mundaring," she said.
"We are getting an asbestos cleanup sorted with them, they
hopefully will remove all of it, they'll have to remove the whole
lot from the building."
Ms. Barnao says the vandal was exposed to asbestos dust and
fibers.
"The whole roof has been smashed in, basically all of the verandah
around the entry to the play group, so there was asbestos sheeting
everywhere on the ground, right next to the sandpit," she said.
The Shire of Mundaring says it is assessing the extent of the
damage to the 1970s building.
The shire's Rebecca Nokes says they are hoping to repair the hall
in the next couple of weeks.
"Our shire officers have gone out to assess the damage and take a
look at what has occurred and what's required to repair the hall
to get the play group in as soon as possible," she said.
"There's a lot of financial damage caused but also the clean up
and just how it affects the play group.
"They look after this place well, it's where they meet regularly,
and it's really disheartening that people can come through and
treat it in such a way."
Local police are investigating the incident.
ASBESTOS UPDATE: James Hardie-Based TV Mini-Series Screens in Nov.
------------------------------------------------------------------
Amanda Meade of The Australian relates: we've all heard of the
courageous Bernie Banton and his legal battle against James Hardie
for compensation for the victims of asbestos, of which he too was
one. Banton, a former employee of James Hardie, died in 2007 from
terminal asbestos-related cancer, mesothelioma.
Not many people, however, have heard about Matt Peacock, a
journalist who played a pivotal role in uncovering the corruption
and spin of the asbestos industry over three decades, from the
1970s until today.
Peacock's interview with Banton before he died was just one of 100
he conducted for his 2009 book Killer Company, which has now been
translated into a compelling mini-series Devil's Dust, produced by
Fremantle Media for ABC TV.
In Killer Company, Peacock wrote about excerpts from documents
that proved that "the highest echelons in James Hardie knew of
mesothelioma and the dangers of asbestos dust two years before
Banton began to work for the company."
In the two-part drama screening on ABC1 next month, Peacock is
portrayed as a passionate, long-haired, bespectacled journalist,
all of which he says is true . . . except for the side-burns
sported by actor Ewen Leslie in the earlier scenes from the 1970s.
"I never had side-burns that long, I swear," Peacock, 60, told
Media last week.
Devil's Dust executive producer Jason Stephens said it made sense
to make the Peacock angle of the drama as strong as Banton's.
"The character of Matt brings a thriller element into Devil's Dust
in the tradition of Erin Brockovich and the movie The Insider,"
Stephens from Fremantle Media said.
"The drama is as much a story of a tenacious reporter as it is
about a man coming to grips with a devastating disease."
Watching himself on screen as a Brockovich-type figure in a
crusade against an evil company is a very unsettling experience,
Peacock says. He was, however, able to revise some colorful parts
of the script that were not entirely accurate.
One of the ABC's most experienced reporters on radio and TV,
Peacock first stumbled across the James Hardie story in 1977 while
working for current affairs radio.
Peacock said: "I got this call and I thought, 'That's funny.' It
was an over-zealous Hardies PR ringing to ask permission to use
material from a story on workplace safety which didn't even
mention the company. The spin has always been crucially important
for Hardies. It's always been the way they work."
That call was to prove fatal for James Hardie because it piqued
Peacock's interest and he uncovered a corrupt relationship between
health authorities, unions and the company.
The drama exposes the dark side of public relations and spin, and
how Hardie used charity donations and good works as smoke and
mirrors to cover up the dangers of asbestos.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Frederick, Maryland USA. Noemi Irene
A. Adala, Joy A. Agravante, Ivy B. Magdadaro, Psyche A. Castillon,
Julie Anne L. Toledo, Christopher Patalinghug, Frauline Abangan
and Peter A. Chapman, Editors.
Copyright 2012. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $575 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact Peter Chapman
at 240/629-3300.
* * * End of Transmission * * *