/raid1/www/Hosts/bankrupt/CAR_Public/130201.mbx             C L A S S   A C T I O N   R E P O R T E R

            Friday, February 1, 2013, Vol. 15, No. 23


ARBITRON: Being Sold to Nielsen for Too Little, Suit Claims
AT&T: Delivery Workers' Collective Action Gets Conditional Okay
BANKSIA SECURITIES: Statement of Claim Expected in Next Few Months
BAXTER HEALTHCARE: Faces Class Action For Unpaid Overtime Pay
BEAZER HOMES: Still Awaits Final OK of Chinese Drywall Suit Deal

BLUE CROSS: Sued For Forcing People to Get Medicines By Mail-Order
CHICAGO SCHOOL: Faces Suit Over False Claims on Accreditation
CITIGROUP: Ted Frank Challenges Attorney Fees in Suit Settlement
COX ENTERPRISES: Faces Class Action Over Hurricane Isaac Outages
DAIRY FARMERS: Settles Antitrust Class Action for $158.6 Million

DOLE FOOD: Resolves Environmental Class Action in Calif.
DOMFOAM INTERNATIONAL: April 30 Settlement Opt-Out Deadline Set
ENERGY CORP: Judge Tosses Most Claims in Royalties Class Action
FLEETMATICS GROUP: Awaits "Prisoner" Suit Dismissal Bid Ruling
GAF MATERIALS: Judge Dismisses Majority of Claims in Class Action

GOLDMAN SACHS: S.C. to Review 2nd Cir. Ruling in MBS Class Action
HOLOGIC INC: Has Yet to File Settlement Documents in Delaware Suit
K-SWISS: Being Sold to E-Land World for Too Little, Suit Claims
LG CHEM: Engaged in Conspiracy to Fix Battery Prices, Suit Says
LOUISIANA-PACIFIC: Deceptive Trade Practices Claims Can Proceed

MONEYGRAM: Faces Suit For Forcing Mute Customer to Make Call
NEW YORK CITY: Judge Stays Ruling in Stop-and-Frisk Class Action
PERFECT TEAM: N.Y. Court Imposes Sanctions in Wage and Hour Suit
PROSPER FUNDING: PMI Continues to Defend Class Suit in Calif.
RED BULL: Faces Class Action Over False Claims on Energy Drink

SAC CAPITAL: Law Firm Recruits Investors to Join Class Action
TYLENOL: May Face MDL in Eastern District of Pennsylvania
US CASH: Ill. Ct. Denies Dismissal Bid in "Green" Consumer Suit
ZIMMER: Court of Appeal Upholds Durom Class Action Certification

* Canada Witnessed Brisk Year in Class Action Activity in 2012

                         Asbestos Litigation

ASBESTOS UPDATE: Columbus McKinnon Had $10.7MM Liability End 2012
ASBESTOS UPDATE: 59 Cases Consolidated in Inmates' Sanitation Suit
ASBESTOS UPDATE: Calif. Ct. Affirms Ruling in Vassiliou's Suits
ASBESTOS UPDATE: Utah Ct. Junks "Every Exposure" Theory Opinion
ASBESTOS UPDATE: Ex-Fireman, Humberside Fire Service Settle

ASBESTOS UPDATE: Virginia High Court Flips Ruling vs. ExxonMobil
ASBESTOS UPDATE: Hospital Fined for Failing to Inform Contractors
ASBESTOS UPDATE: Staff at Bronglais Hospital May Be Exposed
ASBESTOS UPDATE: Lorice Enterprise Faces $83,000 in Fines
ASBESTOS UPDATE: Aussie Cancer Council Wants Database

ASBESTOS UPDATE: McLean School Board to Discuss Removal Funds
ASBESTOS UPDATE: Master Builders Chief Warns DIY Enthusiasts
ASBESTOS UPDATE: No. of Madison County Cases Break Previous Record
ASBESTOS UPDATE: Cooney & Conway Discuss Asbestos in Schools
ASBESTOS UPDATE: Fibro Found in Ogdensburg Public Library

ASBESTOS UPDATE: Fibro Found Near Canley Vale High School
ASBESTOS UPDATE: Union Encourages FMP Workers to Consult Lawyers
ASBESTOS UPDATE: Demolition of Quaker Street Building Delayed
ASBESTOS UPDATE: Work at Norfolk Community Centre Reveals Fibro
ASBESTOS UPDATE: Fibro Found at McWatters Nickel Mine

ASBESTOS UPDATE: Fibro Kills Swindon Railway Worker
ASBESTOS UPDATE: Fibro Dumped at Biogas Facility in Ireland
ASBESTOS UPDATE: Relocation of UConn West Hartford Campus Delayed
ASBESTOS UPDATE: Specialists Tapped to Remove Grantham Fibro
ASBESTOS UPDATE: Odyssey Cleanup Volunteers Urged to Contact HSE

ASBESTOS UPDATE: Grace Adjusts Asbestos-Related Liability
ASBESTOS UPDATE: BNZ House Demolition Workers Wear Protection
ASBESTOS UPDATE: Fibro Washed Up on Henley Beach
ASBESTOS UPDATE: DuPont, 133 Others Sued in Kanawha Court
ASBESTOS UPDATE: 62 Firms Sued in Kanawha Circuit Court

ASBESTOS UPDATE: Pensioner Receives GBP117,000 From British Rail
ASBESTOS UPDATE: Retired UK Train Driver Dies of Fibro Exposure
ASBESTOS UPDATE: Scunthorpe Hotel Closure Blamed on Fibro
ASBESTOS UPDATE: South Heights School Reopens After Fibro Scare
ASBESTOS UPDATE: NJ City Used Inmates for Asbestos Work

ASBESTOS UPDATE: Fibro Raises Cost of Warwick Building Work


ARBITRON: Being Sold to Nielsen for Too Little, Suit Claims
Courthouse News Service reports that Arbitron is selling itself
too cheaply through an unfair process to the Nielsen company, for
$48 a share or $1.3 billion, shareholders claim in a class action
in Chancery Court.

AT&T: Delivery Workers' Collective Action Gets Conditional Okay
Telephone directory delivery workers could be eligible to join a
certified nationwide class action lawsuit according to a recent
decision by a Houston court.

The court has ordered notice to be sent to 114,312 potential "opt-
in" plaintiffs who may have been underpaid.

Delivery workers for Directory Distributing Associates (DDA) who
delivered AT&T phone books filed suit alleging that they were
hired as independent contractors, but should have been paid as
employees, and been entitled to additional pay under the minimum
wage laws.  These delivery worker plaintiffs sought class
certification as a collective action under the Fair Labor
Standards Act (FLSA), which was granted, conditionally, by the

The Texas court has ordered notice be sent to all current and past
delivery workers of Directory Distributing Associates who
delivered AT&T phone books since June 25, 2009.  These delivery
workers could be entitled to additional pay for their work.

Delivery workers who want to pursue back pay and join the suit
must read the court-authorized Notice and sign and return the
electronic Consent form at:

The Consent form must be signed on-line or postmarked by March 29,
2013.  The attorneys will not ask for out-of-pocket payment of
fees or case expenses for delivery workers, they will seek fees
from the defendants in the case.

A copy of the petition filed with the court may also be found on
the Web site.

Attorneys representing the class:

           Cindy Diggs, Esq.
           E-mail: cdiggs@holmesdiggs.com

           Judith Sadler, Esq.
           E-mail: jsadler@lojspc.com

BANKSIA SECURITIES: Statement of Claim Expected in Next Few Months
Everard Himmelreich, writing for The Standard, reports that a
detailed statement of claim against the directors and auditors of
Banksia Securities would be filed in the next few months, the
solicitor coordinating a class action said.

Melbourne solicitor Mark Elliott said the formal statement of
claim would give specific details about the nature of the
allegations against Banksia Securities (BSL) and the associated
Cherry Fund (CFL), their directors and auditors.

The formal statement of claim would be posted on the class
action's Web site which was expected to be operating within a few
weeks, he said.

The Web site address will be http://www.banksiaclassaction.com.au

Speaking to The Standard earlier last week, Mr. Elliott said
solicitors for all the directors named in the class action had
contacted him to say they were representing the directors.  He had
yet to hear from the Trust Company and the auditors, he said.

The class action's writ, which was lodged with the Supreme Court
of Victoria on December 24, made only general allegations against
the two companies, their directors and auditors.

It alleged that BSL and CFL were not run in a proper and efficient
manner, that the Sydney-based Trust Company had failed to
adequately supervise the financial position of BSL and CFL and
that the auditors, RSD Chartered Accountants of Bendigo, had
failed to adequately audit BSL and CFL's books.

Mr. Elliott estimated it could take between 18 months to two years
before the case got to court.

He said a letter to all 16,000 debenture holders in Banksia
Securities and the Cherry Fund would be sent out in the next two
to three weeks giving details of the class action.

The letter would outline investors' option to withdraw from the
class action but it would be "foolish" for them to do so, he said.

"Being part of a class action is a privilege.

"It would be foolish to do anything but sit and wait and listen.

"It is a free bet for them (the investors).  We will run the case
on a no win, no fee basis."

BAXTER HEALTHCARE: Faces Class Action For Unpaid Overtime Pay
Courthouse News Service reports that Baxter Healthcare Corp.
stiffs workers for overtime, a class action claims in Superior

BEAZER HOMES: Still Awaits Final OK of Chinese Drywall Suit Deal
Beazer Homes USA, Inc. is still awaiting court approval of a
global settlement of a multidistrict litigation over defective
Chinese drywall, according to the Company's January 28, 2013, Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarter ended December 31, 2012.

On June 3, 2009, Beazer Homes Corp. was named as a defendant in a
purported class action lawsuit in the Circuit Court for Lee
County, State of Florida, filed by Bryson and Kimberly Royal, the
owners of one of the Company's homes in the Company's Magnolia
Lakes' community in Ft. Myers, Florida.  The complaint names the
Company and certain distributors and suppliers of drywall and was
on behalf of the named plaintiffs and other similarly situated
owners of homes in Magnolia Lakes or alternatively in the State of
Florida.  The plaintiffs allege that the Company built their homes
with defective drywall, manufactured in China that contains sulfur
compounds that allegedly corrode certain metals and that are
allegedly capable of harming the health of individuals.
Plaintiffs allege physical and economic damages and seek legal and
equitable relief, medical monitoring and attorney's fees.  This
case has been transferred to the Eastern District of Louisiana
pursuant to an order from the United States Judicial Panel on
Multidistrict Litigation.  In addition, the Company has been named
in other multi-plaintiff complaints filed in the multidistrict
litigation and individual state court actions.

The Company believes that the claims asserted in these actions are
governed by home warranties or are without merit.  The Company has
offered to repair all of these homes pursuant to a repair protocol
that has been adopted by the multidistrict litigation court,
including those homes involved in litigation.  To date, the owners
of all but two of the affected homes have accepted the Company's
offer to repair.

Furthermore, the Company has agreed to participate in a global
class settlement with the plaintiff class counsel and numerous
other defendants in the multidistrict litigation, which if
approved by the Court, would resolve all claims, including future
claims, against Beazer related to Chinese drywall, except those by
persons or entities that opt out of the settlement.  The
settlement has received preliminary approval from the court.  No
Beazer homeowners opted out of the class and accordingly if the
court grants final approval, it will resolve all claims against
Beazer.  The Company also continues to pursue recovery against
responsible subcontractors, drywall suppliers and drywall
manufacturers for its repair costs.  As of December 31, 2012, the
Company has recorded an immaterial amount related to its expected
liability under the settlement.

Beazer Homes USA, Inc. -- http://www.beazer.com/-- is a
homebuilder headquartered in Atlanta.  The Company's ongoing
operations are geographically diversified in 16 states across the
country, and its high performance homes, called eSMART, are
designed to appeal to homebuyers at various price points across
various demographic segments.

BLUE CROSS: Sued For Forcing People to Get Medicines By Mail-Order
Courthouse News Service reports that a class action claims Anthem
Blue Cross unfairly forces people on HIV maintenance drugs to get
them by mail-order, calling retail pharmacy pickups "going out of
network," in superior court.

CHICAGO SCHOOL: Faces Suit Over False Claims on Accreditation
Courthouse News Service reports that the Chicago School of
Professional Psychology defrauded students with false claims about
its accreditation, a class action claims in Superior Court.

CITIGROUP: Ted Frank Challenges Attorney Fees in Suit Settlement
Claire Zillman, writing for The Litigation Daily, reports that
Kirby McInerney and shareholder activist Ted Frank continue to
fight over the rate for contract attorneys who worked on a
securities class action against Citigroup.  Kirby McInerney
submitted a fee request for the suit's settlement that values the
attorneys' time at up to $1,000 per hour; Mr. Frank says it should
be around $50.

COX ENTERPRISES: Faces Class Action Over Hurricane Isaac Outages
Michelle Keahey, writing for The Louisiana Record, reports that a
Cox service subscriber has filed a class action lawsuit relating
to the charges he received during an outage that occurred during
Hurricane Isaac.

Scott Dies, individually and on behalf of all others similarly
situated, filed suit against Cox Enterprises Inc., Cox
Communications Inc., Cox Communications Louisiana & Cox
Communications New Orleans Inc. on Jan. 7 in federal court in New

According to the lawsuit, cable services were interrupted or not
provided between Aug. 27, 2012 through Oct. 27, 2012 due to
Hurricane Isaac.

The lawsuit is seeking recovery of monies paid to Cox by Mr. Dies
and by other class members regarding the cable services and
damages for the defendants' alleged failure to provide cable
services in violation of its contractual obligation to its

The proposed class also is seeking restitution for all Cox
customers who paid cable services but whose cable services were
lost or interrupted during Hurricane Isaac, regardless of whether
the plaintiffs have sought or requested a refund of monies paid to
Cox during the period of cable service outage.

According to the lawsuit, Cox's Web site states its policy on the
loss of cable services following Hurricane Isaac.

"Cox Communications will be giving all residential and business
customers an automatic 4 day mandatory evacuation credit on all
monthly recurring charges credited on your October bill,"
according to the complaint.  "For customers who experienced
extended outages, we are reviewing our service outage records and
if additional credits are warranted, those credits will also be
issued on your October bill."

Mr. Dies claims that the defendants have knowingly failed to
provide its customers with credit on their bill for the cable

The defendants are accused of breach of contract, unjust
enrichment, breach of the duty of good faith and fair dealing and

The plaintiff is asking for an award of actual damages, punitive
damages, interest, and attorneys' fees.

Mr. Dies is represented by Eric J. O'Bell of O'Bell Law Firm in
Metairie and Paul M. Brannon of Brannon Law Firm in Metairie.  A
jury trial is requested.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:13-cv-00027

DAIRY FARMERS: Settles Antitrust Class Action for $158.6 Million
The Litigation Daily reports that in settlement papers filed on
Jan. 21, Dairy Farmers of America and a group of related
defendants agreed to pay $158.6 million to bring a long-running
antitrust class action to a close, avoiding a trial that was set
to begin last week in federal court in Tennessee.  The plaintiffs
were seeking $415 million for an alleged price-fixing scheme,
raising the specter of $1.2 billion in trebled damages.

DOLE FOOD: Resolves Environmental Class Action in Calif.
Dole Food Company, Inc. on Jan. 25 disclosed that the parties have
amicably resolved the class action lawsuit alleging Dole
misrepresented its commitment to the environment.  The lawsuit,
Clayton Laderer v. Dole Food Company, Inc., was filed in November
2012 in the United States District Court for the Central District
of California.

In coordination with social programs already undertaken by Dole's
independent grower in Guatemala, Dole and the non-profit
organization Water and Sanitation Health, Inc. will collaborate
together on a water filter project to assist the local communities
in Guatemala.  While Dole denies the allegations made against it
and its grower in the lawsuit, Dole has reached this resolution
because it believes continued outreach and education regarding
water sanitation techniques will benefit the local communities.

"Dole is proud to contribute to these efforts to assist local
communities in Guatemala.  Our grower, who is fully certified by
numerous independent certifying agencies, is already a long-
standing champion for the local communities and has made
significant charitable contributions to enhance social welfare,
health, and well-being.  Dole joins in this outreach to emphasize
our continuing commitment to developing world-class environmental
and sustainable programs for Dole's owned farms, as well as Dole's
commitment to seek to partner with growers with similar goals,"
said Jonathan Bass, President for Dole Latin America.

                     About Dole Food Company

Dole, with 2011 net revenues of $6.9 billion, is the world's
largest producer and marketer of high-quality fresh fruit and
fresh vegetables, and is the leading producer of organic bananas.
Dole markets a growing line of packaged and frozen fruit and is a
produce industry leader in nutrition education and research.

DOMFOAM INTERNATIONAL: April 30 Settlement Opt-Out Deadline Set
Boies, Schiller & Flexner LLP and Quinn Emanuel Urquhart &
Sullivan, LLP on Jan. 29 issued a statement regarding two proposed
flexible polyurethane foam class action settlements.

If you purchased Flexible Polyurethane Foam directly from any
Flexible Polyurethane Foam manufacturer you could be a Class
Member in two proposed class action settlements.


Plaintiffs have reached a proposed Settlement in two class action
lawsuits concerning certain producers of Flexible Polyurethane
Foam and Flexible Polyurethane Foam Products.

Settlement 1 - The "Vitafoam Settlement" includes Defendants
Vitafoam Inc. and Vitafoam Products Canada Limited (the "Vitafoam
Defendants"). This settlement provides for monetary payment.

Settlement 2 - The "Domfoam Settlement" includes Defendants
Domfoam International Inc. and Valle Foam Industries (1995) Inc.
(the "Corporate Domfoam Defendants"), along with potential
defendants A-Z Sponge & Foam Products Ltd., Bruce Bradley, Dean
Brayiannis, Michael Cappuccino, Peter Foti, Duke Greenstein, John
Howard, Dale McNeill, James William Sproule, Robert Rochietti-
Valle, Tony Vallecoccia, and Fred Zickmantel (together with the
Corporate Domfoam Defendants, the "Domfoam Parties"). This
Settlement does not provide for monetary payment.

What is this lawsuit about? Plaintiffs claim that Defendants
agreed to fix, raise, stabilize, or maintain the price of Flexible
Polyurethane Foam, which caused direct purchasers to pay more for
Flexible Polyurethane Foam than they would have otherwise paid.
As used herein, Flexible Polyurethane Foam includes block foam
(also known as commodity or slabstock foam), carpet underlay, and
engineered, or molded, foam, as well as fabricated -- that is,
cut-to-specification -foam products made from these types of foam.
As used herein, Flexible Polyurethane Foam does not include
"rigid" (or technical) foam.  A detailed description of its use
and application along with important Court Documents can be found
at http://www.flexiblepolyurethanefoamsettlement.com

Who is a Class Member? The proposed Class includes all Direct
Purchaser Plaintiffs that purchased Flexible Polyurethane Foam in
the United States directly from a Defendant or Co-conspirator from
January 1, 1999 through August 2010.  As used herein, "Defendants"
refers to both the settling Vitafoam Defendants and Corporate
Domfoam Defendants, as well as the non-settling Defendants:
Carpenter Co.; E.R. Carpenter, L.P.; Carpenter Holdings, Inc.;
Flexible Foam Products, Inc.; FXI - Foamex Innovations, Inc.;
Future Foam, Inc.; Hickory Springs Manufacturing Company; Leggett
& Platt, Inc.; Mohawk Industries Inc.; Otto Bock Polyurethane
Technologies, Inc.; Scottdel Inc.; Louis Carson; David Carson;
Woodbridge Foam Corporation; Woodbridge Sales & Engineering, Inc.;
and Woodbridge Foam Fabricating, Inc.  As used herein, "Co-
conspirators" are the following entities that were included as
Defendants in Plaintiffs' consolidated amended complaint, but have
since been voluntarily dismissed from the litigation without
prejudice: Ohio Decorative Products, Inc.; Inoac International
Co., Ltd.; Inoac USA Inc.; Inoac Corporation; and Crest Foam
Industries Inc. Excluded from the Settlement Class are: 1)
Defendants and Co-conspirators and their respective parents,
subsidiaries, and affiliates; and 2) any Direct Purchaser who
timely elects to be excluded from this Settlement.

What are the benefits? The Vitafoam Settlement is between
Plaintiffs and the Vitafoam Defendants only; it does not affect
any of the remaining non-settling Defendants.  Plaintiffs will
release the Vitafoam Defendants with respect to all claims in this
case.  In exchange, the Vitafoam Defendants have agreed (i) to
initially pay $5,000,000 to a fund to pay Vitafoam Settlement
Class Members and (ii) to cooperate with Plaintiffs.  The Vitafoam
Defendants have also agreed to make an additional payment of not
less than $4,000,000, and up to a maximum of $10,000,000, when
they resolve any claims they are pursuing as plaintiffs in In re
Urethane Antitrust Litigation, 04-md-1616 (JWL) (D. Kan.).
Complete details of the benefits can be found in the proposed
Vitafoam Settlement Agreement, and in the Detailed Notice, at the
Web site listed below.

The Domfoam Settlement is between Plaintiffs and the Domfoam
Parties only; it does not affect any of the remaining non-settling
Defendants.  Plaintiffs will release the Domfoam Parties (other
than the Corporate Domfoam Defendants) with respect to all claims
in this case.  The Domfoam Settlement does not provide for
monetary benefit.  The Domfoam Parties have agreed to share
significant and meaningful information about the alleged
conspiracy with Plaintiffs in this case.  On January 12, 2012,
Domfoam International Inc. and Valle Foam Industries (1995) Inc.
filed for bankruptcy under Canada's Companies' Creditors
Arrangement Act.  Plaintiffs' counsel determined that the
bankruptcy and the Corporate Domfoam Defendants' financial
condition indicated that Plaintiffs would be precluded from
securing any meaningful financial recovery from the Corporate
Domfoam Defendants.  Pursuant to the terms of the Domfoam
Settlement, Plaintiffs have voluntarily dismissed the Corporate
Domfoam Defendants without prejudice from this action.  The
Domfoam Settlement expressly preserves the right of the Proposed
Class and any Class Member to file claims against these Corporate
Domfoam Defendants without objection from such Defendants in
Canadian bankruptcy court should such claims be available or
prudent.  However, any and all claims against one or both
Corporate Domfoam Defendants may only be asserted as part of those
Defendants' Canadian bankruptcy proceedings and may only seek
distribution from their respective bankrupt estates.  There is no
assurance that funds will be available for distribution based on
the claims in this or any other lawsuit against Corporate Domfoam
Defendants.  Complete details can be found in the proposed Domfoam
Settlement Agreement, and in the Detailed Notice, at the Web site
listed below.

How do you receive a payment? To receive a payment from the
Vitafoam Settlement you must submit a Claim Form (by first-class
mail postmarked by, or pre-paid delivery service to be hand-
delivered by, April 30, 2013).

What are my Rights and Options?

Take no action - You will receive the non-monetary benefits of the
Vitafoam Settlement and Domfoam Settlement, and you will give up
the right to sue the Vitafoam Defendants and the Domfoam Parties
(other than the Corporate Domfoam Defendants) with respect to the
claims asserted in this case.  Again, to receive a payment from
the Vitafoam Settlement you must submit a Claim Form (by first-
class mail postmarked by, or pre-paid delivery service to be hand-
delivered by, April 30, 2013).

Exclude yourself from one or both Settlements - If you don't want
to be legally bound by one or both Settlements, then you must
exclude yourself from the Proposed Vitafoam Settlement Class
and/or the Proposed Domfoam Settlement Class.  If you exclude
yourself from the Proposed Vitafoam Settlement Class, you will not
become a member of the Proposed Vitafoam Settlement Class, and you
will be able to bring a separate lawsuit against the Vitafoam
Defendants with respect to the claims asserted in this case.  If
you exclude yourself from the Proposed Domfoam Settlement Class,
you will not become a member of the Proposed Domfoam Settlement
Class, and you will be able to bring a separate lawsuit against
the Domfoam Parties with respect to the claims asserted in this
case. Your written exclusion must be postmarked by April 30, 2013.

Object to one or both Settlements - If you stay in one or both
Settlements, you may write to the Court about why you do not like
the Vitafoam Settlement and/or the Domfoam Settlement.  Your
objection must be filed by April 30, 2013.

Complete instructions on how to exclude yourself from or object to
one or both Settlements can be found in the Detailed Notice at

The Court will hold a Fairness Hearing on May 7, 2013 at 10 a.m.
at the United States District Court, James M. Ashley and Thomas W.
L. Ashley U.S. Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio
43604 to consider whether to approve the Settlements and the
proposed Settlement Classes.

The attorneys and their law firms that have represented Plaintiffs
in this case are referred to as Class Counsel.  Class Counsel will
apply to the Court for an award from the Vitafoam Settlement Fund
of attorneys' fees and for reimbursement of litigation costs and
expenses incurred.  This may include fees and costs expended while
providing Notice to the Class and while administering the Vitafoam
Settlement Fund (including the Plan of Allocation).  The
attorneys' fees for which Class Counsel will apply are in
compensation for their time and the risk they assumed in
prosecuting the litigation on a wholly contingent fee basis.  The
amount is not to exceed thirty percent of the total cash amount
paid by the Vitafoam Defendants pursuant to the Vitafoam
Settlement, as well as the costs and expenses incurred. To date,
Class Counsel have not been paid any attorneys' fees.  Any
attorneys' fees and reimbursement of costs and expenses will be
awarded only as approved by the Court at the Fairness Hearing, in
amounts determined to be fair and reasonable.

If you do not exclude yourself, you or your attorney may appear at
the Fairness Hearing, but you don't have to.  If you hire an
attorney, you are responsible for paying that attorney.

This Notice is only a summary.  For more information, including a
Claim Form and Detailed Notice, visit
http://www.flexiblepolyurethanefoamsettlement.comcall 1 (888)
331-9196, or write: In re Polyurethane Foam Antitrust Litigation,
c/o GCG, P.O. Box 9907, Dublin, OH 43017-5807.

ENERGY CORP: Judge Tosses Most Claims in Royalties Class Action
Linda Chiem, writing for Law360, reports that a Pennsylvania
federal judge on Jan. 24 cleared Energy Corp. of America of most
claims in a class action alleging it bilked landowners on
royalties owed under oil and gas leases, saying the company
properly allocated payments for well activities and proceeds from
third-party purchasers.

U.S. District Judge Joy Flowers Conti partially granted ECA's
motion for summary judgment, booting claims in the landowners'
suit alleging the company used wrong gas prices, took excessive or
unauthorized expense deductions and underpaid oil royalties in
breach of the oil and gas leases.

FLEETMATICS GROUP: Awaits "Prisoner" Suit Dismissal Bid Ruling
Fleetmatics Group PLC is still awaiting a court decision on its
motion to dismiss a class action lawsuit originally filed by U.S.
Prisoner Transport, et al., according to the Company's January 28,
2013, Form F-1/A filing with the U.S. Securities and
Exchange Commission.

On August 14, 2012, a putative class action complaint was filed in
the Sixth Judicial Circuit in Pinellas County, Florida, entitled
U.S. Prisoner Transport, et al. v. Fleetmatics USA, LLC, et al.,
Case No. 1200-9933 CI-20.  The Company removed the case to the
United States District Court for the Middle District of Florida on
September 13, 2012, U.S. Prisoner Transport, et al. v. Fleetmatics
USA, LLC, et al., Case No. 8:12-CV-2079.  The Company moved to
dismiss the complaint on September 20, 2012.  Plaintiffs filed an
amended complaint on October 4, 2012, and changed the case caption
to Brevard Extraditions, Inc., d/b/a U.S. Prisoner Transport, et
al. v. Fleetmatics USA, LLC, et al.  The amended complaint alleges
that the Company intercepted, recorded, disclosed, and used
thousands of telephone calls in violation of Florida Statutes
Section 934.03.  The amended complaint seeks certification of a
putative class of all individuals and businesses residing in
Florida who spoke with any representatives of the Company's
offices in Florida on the telephone and had their telephone
conversations recorded without their consent or advance notice,
from the date of the earliest recording by the Company through the
present.  The amended complaint seeks statutory damages,
injunctive relief, attorney fees, costs and interest.  Florida
Statutes Section 934.10 permits an aggrieved person to recover
"liquidated damages computed at the rate of $100 a day for each
day of violation or $1,000, whichever is higher."

The Company moved to dismiss the amended complaint on October 18,
2012, and plaintiffs filed an opposition on November 1, 2012.  The
Company's motion to dismiss is pending before the court.  The
Company moved to stay discovery on October 31, 2012, and the court
denied that motion on December 4, 2012.

The Company says this matter is in its early stages, but there can
be no assurance that this matter will not have a material adverse
effect on its business, financial condition and operating results.

GAF MATERIALS: Judge Dismisses Majority of Claims in Class Action
HarrisMartin reports that a South Carolina judge has dismissed the
majority of claims in a class action lawsuit filed against GAF
Materials Corp. for alleged defects in the company's Timberline-
brand asphalt roofing shingles.

In a Jan. 16 order and opinion, Judge J. Michelle Childs of the
U.S. District Court for the Southern District of South Carolina
ruled that the statute of repose barred fraud and negligence-based
claims brought against GAF by class members whose shingles had
cracked prematurely.  Additional causes of action based on GAF's
alleged fraudulent conduct, including violation of state consumer
fraud acts, were also dismissed.

GOLDMAN SACHS: S.C. to Review 2nd Cir. Ruling in MBS Class Action
According to Thomson Reuters' Alison Frankel, in a case called
NECA-IBEW Health & Welfare Fund v. Goldman Sachs, a three-judge
appellate panel expanded the operative judicial thinking, which
had restricted MBS class actions to trusts (or even tranches) the
name plaintiff had invested in.  The 2nd Circuit said that the key
question wasn't whether all the investors in the proposed class
bought into the same trust, but whether they had "the same set of
concerns" as the name plaintiff.  In the specific context of MBS
litigation, the court said, those concerns involved underwriting
failures by loan originators.  So the 2nd Circuit ruled that name
plaintiffs in MBS class actions have standing to assert claims on
behalf of all investors in trusts backed by loans originated by
the same lenders that supplied the mortgages underlying their

Ms. Frankel said "At the time, I wondered how consequential the
ruling would turn out to be, since MBS class action litigation has
already been under way for years and most cases have long since
moved beyond standing considerations.  Nevertheless, the ruling
has had reverberations, beginning with a sua sponte decision by
U.S. Senior District Judge Edward Korman of Brooklyn that
drastically expanded a class action against JPMorgan.  Earlier
this month, U.S. District Judge Laura Swain of Manhattan granted a
motion by the Public Employees' Retirement System of Mississippi
to file an amended complaint in an MBS class action against Morgan
Stanley in order to establish standing under NECA-IBEW in a
widened number of trusts backed by loans originated by the same
lenders as those already implicated in the case, in one of a
handful of recent decisions favoring MBS plaintiffs."

On Jan. 23, U.S. District Judge Paul Crotty of Manhattan issued
the latest ruling to grapple with the 2nd Circuit's holding.  On a
motion to reconsider by plaintiffs in an MBS class action against
Credit Suisse, Judge Crotty found that the New Jersey Carpenters
Health Fund has standing to assert claims on behalf of investors
in trusts backed by mortgages originated by New Century, which was
the only mortgage lender disclosed in offering materials for the
trust it invested in.  But he rejected an attempt by the union
fund's lawyers at Cohen Milstein Sellers & Toll to expand the
class even wider, finding that allegations about the mortgage
arranger or about originators whose involvement was not disclosed
in offering documents do not establish "the same set of concerns"
invoked by the 2nd Circuit.

Other judges, meanwhile, have disagreed with the 2nd Circuit
entirely or have interpreted the ruling to have a minimal effect
on class standing.  In November, U.S. District Judge Mariana
Pfaelzer of Los Angeles went out of her way to discount the NECA-
IBEW decision, in a ruling dismissing as time-barred the Federal
Deposit Insurance Corporation's MBS claims against Countrywide.
"The decision in NECA-IBEW has thrown the jurisprudence in this
area into disarray," she wrote.  Judge Pfaelzer, who is, of
course, not bound by 2nd Circuit precedent, is the only federal
judge who has flat-out rejected the reasoning of NECA-IBEW,
according to Westlaw.  But in December, U.S. District Judge
Katherine Forrest of Manhattan took an extremely narrow view of
what the 2nd Circuit meant by "the same set of concerns." She held
that the Policemen's Annuity Fund of Chicago only had standing to
assert claims on behalf of investors in the same Bank of America
MBS trusts it bought into -- exactly the same result judges in the
2nd Circuit were reaching before the NECA-IBEW ruling.

The impact of the 2nd Circuit decision is at issue right now at
the U.S. Supreme Court.  Goldman Sachs, represented by Gibson,
Dunn & Crutcher and Sullivan & Cromwell, filed a petition for
certiorari last October, arguing that the appellate ruling is of
nationwide importance, with the potential to affect billions of
dollars in MBS claims.  Goldman also asserted that the 2nd
Circuit's decision is at odds with the 1st Circuit's 2011 holding
in Plumbers Union Local 12 v. Nomura.  Goldman's request for
Supreme Court review has been bolstered by amicus briefs by a
defense lawyers' group and by the Chamber of Commerce and the
Securities Industry and Financial Markets Association, both of
which claim that huge sums of money hang on the 2nd Circuit's

NECA-IBEW's lawyers at Robbins Geller Rudman & Dowd waived the
right to respond to Goldman's cert petition, but after the case
was distributed for conference in December, the court requested a
response.  The filing is due on Feb. 4. And ironically, the best
tack for plaintiffs may be to minimize the significance of the 2nd
Circuit's ruling, casting it as a narrow holding that affects a
limited number of class actions already under way.  That strategy
would contradict plaintiffs' initial reactions to the NECA-IBEW
opinion, but it could dissuade the justices from wading into the
ebb tide of MBS litigation.  The counsel of record for the union,
Joseph Daley of Robbins Geller declined to comment.

HOLOGIC INC: Has Yet to File Settlement Documents in Delaware Suit
Hologic, Inc. has yet to file settlement documents in connection
with its memorandum of understanding to resolve a consolidated
merger-related lawsuit in Delaware, according to the Company's
January 28, 2013, Form 8-K filing with the U.S. Securities and
Exchange Commission.

In connection with Hologic, Inc.'s acquisition of Gen-Probe
Incorporated on August 1, 2012, Hologic completed a private
placement of $1.0 billion aggregate principal amount of 6.25%
senior notes due 2020 (the "Senior Notes").  The Senior Notes are
fully and unconditionally and jointly and severally guaranteed by
Hologic, Inc. ("Issuer") and certain of its domestic subsidiaries,
including those acquired in its acquisition of Gen-Probe.

A number of lawsuits have been filed against the Company, Gen-
Probe, and Gen-Probe's board of directors.  These include: (1)
Teamsters Local Union No. 727 Pension Fund v. Gen-Probe
Incorporated, et al. (Superior Court of the State of California
for the County of San Diego); (2) Timothy Coyne v. Gen-Probe
Incorporated, et al. (Delaware Court of Chancery); and (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 Shareholders Litigation.  The lawsuits
were filed after the announcement of the Company's acquisition of
Gen-Probe 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 adequately discharge 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 the Company's acquisition of
Gen-Probe, that the acquisition was the product of a flawed sales
process, and that the Company aided and abetted the alleged breach
of fiduciary duty.  The plaintiffs demand, among other things, a
preliminary and permanent injunction enjoining the Company's
acquisition of Gen-Probe 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 a proposed settlement of
the litigation.  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.  On July 9,
2012, the plaintiffs in the California action filed a motion for
voluntary dismissal without prejudice.  On July 12, 2012, the
California Superior Court entered an order dismissing the
California complaint without prejudice.

K-SWISS: Being Sold to E-Land World for Too Little, Suit Claims
Courthouse News Service reports that K-Swiss is selling itself too
cheaply through an unfair process to E-Land World Limited, for
$4.75 a share or $170 million, shareholders claim in Superior

LG CHEM: Engaged in Conspiracy to Fix Battery Prices, Suit Says
Erinn Tozer, Individually and on Behalf of All Others Similarly
Situated v. LG Chem, Ltd.; LG Chem America, Inc.; Panasonic
Corporation; Panasonic Corporation of North America; Sanyo
Electric Co., Ltd.; Sanyo North America Corporation; Sony
Corporation; Sony Energy Devices Corporation; Sony Electronics,
Inc.; Samsung SDI Co., Ltd.; Samsung SDI America, Inc.; Hitachi,
Ltd.; Hitachi Maxell, Ltd.; and Maxell Corporation of America,
Case No. 3:13-cv-00397 (N.D. Calif., January 29, 2013) is brought
as a proposed class action against the Defendants, which are the
world's largest manufacturers of Lithium Ion Rechargeable
Batteries, for engaging in a conspiracy to unlawfully fix the
prices of those batteries.

LG Chem is a Korean corporation based in Seoul, South Korea.  LG
Chem is an affiliate of Seoul-based conglomerate LG Electronics.
LG Chem America is a Delaware corporation based in Englewood
Cliffs, New Jersey, and a wholly owned subsidiary of LG Chem.

Panasonic Corp. is a Japanese corporation based in Osaka, Japan.
Panasonic Corp. was formerly known as Matsushita Electric
Industrial Co.  Panasonic manufactures and sells Lithium Ion
Rechargeable Batteries under the Panasonic name and also under the
name of Defendant and wholly owned subsidiary Sanyo Electric Co.,
Ltd.  Panasonic Corporation of North America, formerly known as
Matsushita Electric Corporation of America, is a Delaware
Corporation based in Secaucus, New Jersey, and a wholly owned and
controlled subsidiary of Panasonic Corporation.  Sanyo is a
Japanese corporation based in Osaka, Japan.  Sanyo North America
Corporation is a Delaware corporation based in San Diego,
California, and a wholly owned subsidiary of Sanyo Electric Co.,

Sony Corporation is a Japanese corporation based in Tokyo, Japan.
Sony Energy is a Japanese corporation based in Fukushima, Japan.
Sony Energy Devices Corporation is a wholly owned subsidiary of
Sony Corporation.  Sony Electronics is a Delaware corporation
based in San Diego, California and a wholly owned subsidiary of
Sony Corporation.

Samsung SDI is a Korean corporation based in Gyeonggi, South
Korea, and 20% owned by the Korean conglomerate Samsung
Electronics, Inc.  Samsung SDI America is a California corporation
based in Irvine, California, and a wholly owned subsidiary of
Samsung SDI.

Hitachi Ltd. is a Japanese company based in Tokyo, Japan.  Hitachi
Maxell is a Japanese corporation based in Tokyo, Japan, and a
wholly owned subsidiary of Hitachi, Ltd.  Maxell is a New Jersey
corporation based in Woodland Park, New Jersey.

The Defendants manufacture, market, and sell Lithium Ion
Rechargeable Batteries throughout the United States and the world.
The Defendants collectively controlled approximately two-thirds or
more of the worldwide market for Lithium Ion Rechargeable
Batteries throughout this period, and over 80 percent of the
market in the early part of this period.

The Plaintiff is represented by:

          Robert J. Gralewski, Jr., Esq.
          600 B Street, Suite 1900
          San Diego, CA 92101
          Telephone: (619) 398-4340
          E-mail: bgralewski@kmllp.com

               - and -

          Daniel Hume, Esq.
          825 Third Avenue, 16th Floor
          New York, NY
          Telephone: (212) 371-6600
          Facsimile: (212) 751-2540
          E-mail: dhume@kmllp.com

               - and -

          Mario N. Alioto, Esq.
          Joseph M. Patane, Esq.
          Lauren C. Capurro, Esq.
          2280 Union Street
          San Francisco, CA 94123
          Telephone: (415) 563-7200
          Facsimile: (415) 346-0679
          E-mail: malioto@tatp.com

LOUISIANA-PACIFIC: Deceptive Trade Practices Claims Can Proceed
HarrisMartin reports that plaintiffs seeking damages for allegedly
defective TrimBoard manufactured by Louisiana-Pacific Corp. can
pursue claims for breach of express warranty and deceptive trade
practices against the company, a federal judge in New York has

Judge William M. Skretny of the U.S. District Court for the
Western District of New York left the causes of action intact in a
Jan. 3 decision that also dismissed allegations of negligence,
unjust enrichment, breach of implied warranty and a claim for
punitive damages brought by an assisted living facility that
experienced water intrusion damage as a result of the
deteriorating trim boards.

MONEYGRAM: Faces Suit For Forcing Mute Customer to Make Call
Courthouse News Service reports that a man who cannot speak claims
in a federal class action that MoneyGram insists he call its 1-800
number to "speak to a representative" to cancel a money transfer
he sent through its website.

NEW YORK CITY: Judge Stays Ruling in Stop-and-Frisk Class Action
New York Law Journal reports that a federal judge has stayed,
pending appeal, her ruling directing the New York City Police
Department to halt suspicionless stops for trespass of people at
Bronx buildings whose owners have enlisted in a patrol program.
The judge on Jan. 22 denied the city's request for a postponement
of trial in a class action alleging widespread violations of the
Fourth Amendment in stop-and-frisk policies on city streets.

PERFECT TEAM: N.Y. Court Imposes Sanctions in Wage and Hour Suit
Magistrate Judge CHERYL L. POLLAK on January 28, 2013, granted, in
part, and denied, in part, the plaintiffs' motion for sanctions in
the wage and hour class action captioned LI RONG GAO, et al.,
Plaintiffs, v. PERFECT TEAM CORP., et al., Defendants, No. 10 CV
1637 (ENV),(E.D. N.Y.)

Li Rong Gao and Xiao Hong Zheng filed their class action against
Perfect Team Corporation, Ji Shiang, Inc., Feng Lin, Chun Kit
Cheng, Jia Li Wang, and Cheuk Ping Chen, seeking damages and
injunctive relief under the Fair Labor Standards Act, 29 U.S.C.
Sections 206-207, and New York Labor Law on April 13, 2010.  The
Plaintiffs subsequently amended their Complaint to add Shu F.
Jiang, Wei S. Tan, and Wei J. Wu as plaintiffs. The Amended
Complaint also revised defendant Chen's name to Zhuo Ping Chen.
The Plaintiffs seek sanctions against defendants Perfect Team,
Cheng, and Wang -- Perfect Team defendants -- and defendants Ji
Shiang and Lin -- Ji Shiang defendants -- "in the form of default
judgment, costs and attorneys' fees," pursuant to Federal Rule of
Civil Procedure 37.

The Plaintiffs were servers at Guang Zhou Restaurant during the
period from March 2006 through June 2009, when it was operated by
the Perfect Team defendants, and during the period from June 2009
until the date of the Complaint, when it was operated by the Ji
Shiang defendants.  The Plaintiffs allege that the defendants
failed to pay plaintiffs minimum wages, overtime premiums, and
spread-of-hours pay in violation of the FLSA and NYLL, and that
the defendants violated the NYLL by illegally withholding portions
of plaintiffs' tips and retaliating against plaintiffs Gao and
Zheng by terminating them after they complained about the unlawful
employment practices.

Judge Pollack held that during the course of the proceeding, both
sets of Defendants clearly exhibited a "pattern of noncompliance,"
and have been given "numerous opportunities to cure [their]

"The defendants' repeated failure to timely comply with the
Court's numerous Orders and their failure to provide complete and
comprehensive responses to plaintiffs' discovery requests support
the imposition of sanctions," Judge Pollack ruled.

The Court denied the Plaintiffs' request that the defendants'
Answer be stricken and that the Plaintiffs be granted default
judgment.  However, the Court ordered the Defendants to pay
attorneys' fees and costs associated with their failure to comply
with the Court's discovery Orders.  The Court further precluded
the defendants from conducting any additional depositions or
requesting any further discovery from the Plaintiffs.

The Court ordered the Plaintiffs to produce their time sheets and
billing records for the expenses they incurred in submitting their
discovery letter motions to the Court and for participating in the
conferences focused on procuring the Defendants' compliance in the
discovery process.

Judge Pollack ordered the Plaintiffs to produce their billing
records for any e-mails, letters, or phone calls they made to the
Defendants that were for the sole purpose of compelling the
Defendants to comply with the discovery process. Once the
plaintiffs have submitted all relevant billing statements (along
with any explanation that may be necessary), the Court will
determine the amount the Defendants owe in attorney's fees and
costs for their lack of compliance with the discovery process.

The Plaintiffs are permitted to submit to the Court a suggested
adverse inference that would appropriately account for the
defendants' failure to produce records.

A copy of the District Court's January 28, 2013 Memorandum &
Order is available at http://is.gd/CBWRhgfrom Leagle.com.

PROSPER FUNDING: PMI Continues to Defend Class Suit in Calif.
Prosper Marketplace, Inc. continues to defend itself against a
securities class action lawsuit in California, according to
Prosper Funding LLC's January 28, 2013, Form 8-K filing with the
U.S. Securities and Exchange Commission.

On January 22, 2013, Prosper Funding LLC ("Prosper Funding") and
Prosper Marketplace, Inc. ("PMI") entered into a series of
agreements that will result in PMI transferring the Prosper peer-
to-peer lending platform to Prosper Funding, effective
February 1, 2013.

On November 26, 2008, plaintiffs, Christian Hellum, William
Barnwell and David Booth, individually and on behalf of all other
plaintiffs similarly situated, filed a class action lawsuit
against PMI and certain of its executive officers and directors in
the Superior Court of California, County of San Francisco,
California.  The lawsuit was brought on behalf of all persons who
had purchased loan notes through PMI's platform from January 1,
2006, through October 14, 2008.  The lawsuit alleges that PMI
offered and sold unqualified and unregistered securities in
violation of the California and federal securities laws.  The
lawsuit seeks damages and the right of rescission against PMI and
the other named defendants, as well as treble damages against PMI
and the award of attorneys' fees, experts' fees and costs, and
pre-judgment and post-judgment interest.

On February 25, 2011, the plaintiffs filed a Third Amended
Complaint, which removed David Booth as a plaintiff and added
Brian Russom and Michael Del Greco as plaintiffs.  The new
plaintiffs are representing the same putative class and
prosecuting the same claims as the previously named plaintiffs.
On February 29, 2012, the court granted the plaintiffs' motion for
class certification.

                        Greenwich Action

PMI's insurance carrier with respect to the class action lawsuit,
Greenwich Insurance Company ("Greenwich"), denied coverage.  On
August 21, 2009, PMI filed a lawsuit against Greenwich in the
Superior Court of California, County of San Francisco, California.
The lawsuit sought a declaration that PMI was entitled to coverage
under its policy with Greenwich for losses arising out of the
class action lawsuit as well as damages and the award of
attorneys' fees and pre- and post-judgment interest.

On January 26, 2011, the court issued a final statement of
decision finding that Greenwich has a duty to defend the class
action lawsuit, and requiring that Greenwich pay PMI's past and
future defense costs in the class action lawsuit up to $2 million.
Greenwich subsequently made payments to PMI in the amount of $2
million to reimburse PMI for the defense costs it had incurred in
the class action lawsuit.  As a result, Greenwich has now
satisfied its obligations with respect to PMI's defense costs for
the Hellum lawsuit, with the exception of $142,584 in pre-judgment
interest that Greenwich will be required to pay to PMI when a
final judgment has been entered in the lawsuit and all appeals
have been exhausted.

On July 1, 2011, PMI and Greenwich entered into a Stipulated Order
of Judgment pursuant to which PMI agreed to dismiss its remaining
claims against Greenwich.  On August 12, 2011, Greenwich filed a
notice of appeal of the court's decision regarding Greenwich's
duty to defend up to $2 million.  On
July 16, 2012, the California Court of Appeal affirmed the trial
court's decision.

RED BULL: Faces Class Action Over False Claims on Energy Drink
Daily Business Review reports that promoters of the energy drink
Red Bull boast that the product "gives you wings."  But a proposed
class action suit filed by a Miami attorney's firm in New York
federal court asserts the manufacturer of the popular beverage has
built its empire on false claims that Red Bull gives consumers a
physiological and mental boost that coffee can't duplicate.

SAC CAPITAL: Law Firm Recruits Investors to Join Class Action
FINalternatives reports that a Delaware law firm is recruiting SAC
investors to join a potential class-action lawsuit against the
hedge fund, it said on its Web site.  Chimicles & Tikellis told
would-be plaintiffs that it is "actively investigating a proposed
investor lawsuit against SAC Capital" over "mismanagement of the
limited partnership and certain hedge funds."

The threat is, perhaps, the least of SAC's worries, as it faces a
likely Securities and Exchange Commission enforcement action and a
deepening probe into alleged insider-trading both of the firm and
of founder Steven Cohen.  A former portfolio manager has pleaded
not guilty to the crime, but plenty of others with SAC ties have
done the opposite and are cooperating with prosecutors.

SAC has denied any wrongdoing and dismissed the potential class-

"This is nothing more than a law firm trolling for clients for a
non-existent claim that if initiated would have no merit," a firm
spokesman told the New York Post.

TYLENOL: May Face MDL in Eastern District of Pennsylvania
The Legal Intelligencer reports that more than 20 plaintiffs who
allege their use of over-the-counter Tylenol caused their livers
to fail or be poisoned are seeking to have their cases
consolidated in a federal multidistrict litigation in the Eastern
District of Pennsylvania.  The plaintiffs argue the cases involve
common questions of fact of whether Tylenol products are defective
and common questions of law.

US CASH: Ill. Ct. Denies Dismissal Bid in "Green" Consumer Suit
District Judge Joan B. Gottschall denied a motion to dismiss and
compel arbitration, to dismiss the class claims, and to stay the
case captioned JOYCE GREEN, on behalf or herself and all others
similarly situated, Plaintiff, v. U.S. CASH ADVANCE ILLINOIS, LLC,
MACHINE, Defendants, Civil Case No. 12 C 8079, (N.D. Ill.).

Joyce Green filed the case on behalf of herself and a class of
others similarly situated alleging that U.S. Cash Advance, LLC,
and Title Loan Company -- The Loan Machine -- extended credit to
her and to other consumers in Illinois and Missouri on
unconscionable and fraudulent terms, by misrepresenting the annual
percentage rate on the loans, failing to send billing statements,
failing to provide disclosures, misrepresenting finance charges,
improperly "rolling over" "payday loans" into new loans, and
making loans with no expectation that the borrowers could repay
them. Ms. Green seeks rescission and compensatory and punitive
damages on behalf of herself and other putative class members.

In support of its motion to dismiss and compel arbitration, The
Loan Machine relied on an arbitration provision in the loan
agreement entered into by Ms. Green.  However, the arbitrator
named in the clause, the National Arbitration Forum (NAF), agreed
to stop accepting consumer arbitrations in July 2009.

Ms. Green argued, and the Court agreed, that the unavailability of
the NAF renders the arbitration clause invalid.

Judge Gottschall held that the designation of the NAF as the
arbitrator was an integral part of the arbitration agreement
between Ms. Green and The Loan Machine.  The unavailability of the
NAF renders the agreement void, and the court cannot apply Section
5 of the FAA to appoint a substitute arbitrator.

A copy of Judge Gottschall's January 25, 2013 Memorandum Opinion
and Order is available at http://is.gd/v8WdUCfrom Leagle.com.

ZIMMER: Court of Appeal Upholds Durom Class Action Certification
According to LawyersandSettlements.com, on Jan. 21 "The British
Columbia Court of Appeal upheld certification of the Zimmer Durom
Cup hip implant class action.  Approximately 5,000 Durom
acetabular hip implants or "Durom Cups" were sold in Canada
between 2005 and 2011.  So far, more than 60 Canadians have come
forward to participate in the national class action.

The class action is brought on behalf of all people who were
implanted with the Durom Cup in Canada.  Gwen Wilkinson, the
representative plaintiff, reacted to the dismissed appeal,
remarking that "after a long delay . . . it makes me feel really
happy that it's going to speed things along."  Ms. Wilkinson is
hopeful that "the implant never gets put out on the market ever
again to have other people go through what I did."

The Durom Cup is an artificial device used in hip replacement
surgery, alleged to have failed to adhere to patients' hip bones,
causing pain, discomfort and, in many cases, the need for
additional hip replacement surgeries.  The lawsuit alleges that
Zimmer was negligent in the development and manufacture of the
Durom Cup.

Ms. Wilkinson, a 53-year-old nurse who lives in Osoyoos, BC, was
looking forward to retirement when she was implanted with her
Durom Cup in 2008. Within months of receiving the implant, she
started to experience increasing pain, associated with a feeling
and sound of clicking in her left hip; she describes it as feeling
like her hip was going to "pop out."  The pressure and pain on her
left hip became worse over the ensuing months, leading
Ms. Wilkinson to resort to a cane and narcotic pain relievers.
The lawsuit alleges that, as a result, Ms. Wilkinson had to
undergo otherwise needless surgeries to correct for the failure of
her Durom Cup.  She laments that "having to take time off every
time I had to have a hip surgery has put me further and further
behind.  I was a single mom just trying to raise my son and it
wasn't very fair for a 16-year-old having to look out for me each
time I had to go for hip surgery."  After undergoing a number of
surgeries to repair her hip, Ms. Wilkinson is hopeful: "I can get
back to work . . . . I want to be pain free."

In mid-2008, Zimmer suspended American sales of the Durom Cup
following reports of product failures in patients.  A European
safety notification followed in late-2009.  More than a year
passed after suspending sales in the United States before Zimmer
issued a safety notification in Canada and Health Canada published
a recall.

In the Jan. 21 ruling, the Court of Appeal unanimously dismissed
the appeal brought by Zimmer GMBH, Zimmer, Inc., and Zimmer of
Canada Limited, finding that a lower court judge appropriately
certified the lawsuit as a class action.  The Court's decision is
on the Klein Lyons Web site:

Last year, the Ontario Superior Court of Justice held that an
Ontario Zimmer Durom hip implant class action should move forward
in tandem with this national-scope class action being litigated in
British Columbia.  The plaintiffs in both lawsuits are represented
by the law firm Klein Lyons of Vancouver and Toronto.

* Canada Witnessed Brisk Year in Class Action Activity in 2012
According to Osler, Hoskin & Harcourt LLP, the bar and bench in
Canada witnessed yet another brisk year of class action activity
in 2012. In addition to the issuance of a number of new claims and
settlements (including a landmark partial settlement in the Sino-
Forest case), the year saw the release of important certification,
trial and other rulings across Canada in cases related to
securities, competition, product liability, franchise and
employment class actions as well as class action practice in
general. In a number of decisions, the courts reaffirmed that they
will rigorously exercise an important gatekeeper function in the
management of class proceedings, and in a number of trial rulings,
the courts underscored that success at certification does not
guarantee success on the merits. Furthermore, the Supreme Court
heard argument relating to the evidentiary threshold for
certification in three important certification appeals. These and
other developments suggest that 2013 may be a tipping point for
maturing class action jurisprudence in Canada.

Class Actions in Canada 2012 - The Year in Review and The Year
Ahead contains our analysis of decisions and trends that have
affected Canadian class actions during the past twelve months,
along with a look at expected developments in 2013.

We are pleased to share our observations and analysis of
developments in 2012 with our clients and friends and to provide
our thoughts on what 2013 might bring. Should you wish to discuss
any of the topics addressed in Class Actions in Canada 2012,
please do not hesitate to contact any of our litigators.

We wish you all the best for 2013.

     Christopher Naudie
     Mary Paterson
     Sonia Bjorkquist
     Eric Prefontaine
     100 King Street West
     1 First Canadian Place, Suite 6100
     P.O. Box 50
     Toronto ON M5X 1B8
     Tel. (416)362-2111
     Fax. (416)862-6666
     E-mail: cnaudie@osler.com

                       Asbestos Litigation

ASBESTOS UPDATE: Columbus McKinnon Had $10.7MM Liability End 2012
Columbus McKinnon Corporation reflected a $10,700,000 asbestos-
related aggregate liability in its consolidated financial
statements as of December 31, 2012, according to the Company's
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended December 31, 2012.

Like many industrial manufacturers, the Company is involved in
asbestos-related litigation.  In continually evaluating costs
relating to its estimated asbestos-related liability, the Company
reviews, among other things, the incidence of past and recent
claims, the historical case dismissal rate, the mix of the claimed
illnesses and occupations of the plaintiffs, its recent and
historical resolution of the cases, the number of cases pending
against it, the status and results of broad-based settlement
discussions, and the number of years such activity might continue.
Based on this review, the Company has estimated its share of
liability to defend and resolve probable asbestos-related personal
injury claims. This estimate is highly uncertain due to the
limitations of the available data and the difficulty of
forecasting with any certainty the numerous variables that can
affect the range of the liability. The Company will continue to
study the variables in light of additional information in order to
identify trends that may become evident and to assess their impact
on the range of liability that is probable and estimable.

Based on actuarial information, the Company has estimated its
asbestos-related aggregate liability including related legal costs
to range between $8,000,000 and $13,000,000 using actuarial
parameters of continued claims for a period of 18 to 30 years from
December 31, 2012.  The Company's estimation of its asbestos-
related aggregate liability that is probable and estimable, in
accordance with U.S. generally accepted accounting principles
approximates $10,700,000, which has been reflected as a liability
in the consolidated financial statements as of December 31, 2012.
The recorded liability does not consider the impact of any
potential favorable federal legislation. This liability will
fluctuate based on the uncertainty in the number of future claims
that will be filed and the cost to resolve those claims, which may
be influenced by a number of factors, including the outcome of the
ongoing broad-based settlement negotiations, defensive strategies,
and the cost to resolve claims outside the broad-based settlement
program. Of this amount, management expects to incur asbestos
liability settlement costs and legal fees of approximately
$2,000,000 over the next 12 months. Because payment of the
liability is likely to extend over many years, management believes
that the potential additional costs for claims will not have a
material effect on the financial condition of the Company or its
liquidity, although the effect of any future liabilities recorded
could be material to earnings in a future period.

The Company is also involved in other unresolved legal actions
that arise in the normal course of business. The most prevalent of
these unresolved actions involve disputes related to product
design, manufacture and performance liability. The Company's
estimation of its product-related aggregate liability that is
probable and estimable, in accordance with U.S. generally accepted
accounting principles approximates $6,400,000, which has been
reflected as a liability in the consolidated financial statements
as of December 31, 2012. In some cases, we cannot reasonably
estimate a range of loss because there is insufficient information
regarding the matter.  Management believes that the potential
additional costs for claims will not have a material effect on the
financial condition of the Company or its liquidity, although the
effect of any future liabilities recorded could be material to
earnings in a future period.

The total asbestos-related and product-related liability
approximates $17,100,000 at December 31, 2012 and $20,500,000 at
March 31, 2012. The decrease in these liabilities primarily
resulted from the Company's implementation of a defensive strategy
that is beginning to yield a higher dismissal rate than in the
past year.

Columbus McKinnon Corporation designs, manufactures, and markets
material handling products and services for various commercial and
industrial end-user markets in the United States, Europe, Canada,
and internationally.

ASBESTOS UPDATE: 59 Cases Consolidated in Inmates' Sanitation Suit
Judge Joanna Seybert of the United States District Court for the
Eastern District of New York consolidated 59 complaints in the
case captioned Butler, et al. v. DeMarco, et al., 11-CV-2602
(JS)(GRB) (E.D.N.Y.) after finding that the individual complaints
also relates to the subject matter of the consolidated action.

In each of the complaints, the Plaintiffs allege, inter alia: (i)
the existence of unhealthy, unsanitary, and hazardous conditions
at the Suffolk County Correctional Facility ("SCCF"), including
the presence of black mold, fungus, soap scum, and rust in the
shower areas of the SCCF, drainage problems causing back-ups of
sewage and rusty water, and ventilation problems; (ii) injuries
resulting from these conditions including headaches, breathing
problems, skin rashes, itching, swelling, and infections; and
(iii) that their grievances and/or complaints about these
conditions were ignored.  It was also alleged that the men are
also at risk of exposure to asbestos from the leaking pipes, which
are lined with insulation believed to contain asbestos. The
leaking water has caused floor tiles in the facility to turn
upward, exposing the glue underneath them, also believed to
contain asbestos.

The case is MARIO CRUZ, Plaintiff, v. VINCENT F. DeMARCO, Sheriff,
(JS)(GRB)(E.D. NY).  A copy of Judge Seybert's Decision dated
January 14, 2013, is available at http://is.gd/GYTRjUfrom

The Plaintiffs are represented by:

          Daniel H.R. Laguardia, Esq.
          599 Lexington Avenue
          New York, NY
          Tel: (212) 848-4000
          Fax: (212) 848-7179
          Email: daniel.laguardia@shearman.com

The New York Civil Liberties Union is represented by:

         Corey Stoughton, Esq.
         Taylor Pendergrass, Esq.
         Email: cstoughton@nyclu.org

ASBESTOS UPDATE: Calif. Ct. Affirms Ruling in Vassiliou's Suits
The Court of Appeals of California, Fifth District, in separate
opinions dated January 17, 2013, affirmed a lower court's judgment
dismissing Andrew Vassiliou's asbestos-related personal injury
action against State Farm General Insurance Company, General
Electric Company, Union Carbide Corporation, and Kaiser Gypsum
Company, Inc., finding that the Plaintiff's complaint failed to
state facts sufficient to constitute a cause of action against the
Defendants and was uncertain.

The cases are ANDREW VASSILIOU, Plaintiff and Appellant, v. STATE
FARM GENERAL INSURANCE COMPANY, Defendant and Respondent, No.
F064644 (Calif.) and ANDREW VASSILIOU, Plaintiff and Appellant, v.
GENERAL ELECTRIC COMPANY et al., Defendants and Respondents, No.
F063385 (Calif.).  Copies of the Decisions are available at
http://is.gd/ld0Osband http://is.gd/cxQ2Brfrom Leagle.com

Andrew Vassiliou represented himself in the cases.

GE and State Farm are represented by:

         Michael Fox, Esq.
         333 Bush Street, 30th Floor
         San Francisco, CA 94104-2806
         Tel: (415) 781-7900
         Fax: (415) 781-2635
         Email: michael.fox@sedgwicklaw.com

Union Carbide is represented by:

         John R. Brydon, Esq.
         Brian H. Buddell, Esq.
         Thomas J. Moses, Esq.
         Elsa Sham, Esq.
         135 Main Street, 20th Floor
         San Francisco, CA 94105
         Tel: (415) 808-0300
         Fax: (415) 808-0333
         Email: jbrydon@bhplaw.com

Kaiser Gypsum is represented by:

         Lisa Perrochet, Esq.
         Dean A. Bochner, Esq.
         HORVITZ & LEVY
         15760 Ventura Boulevard, 18th Floor
         Encino, CA 91436-3000
         Tel: (818) 995-0800
         Fax: (818) 995-3157
         Email: lperrochet@horvitzlevy.com

              - and -

         Jennifer Judin, Esq.
         1111 Broadway, Suite 1950
         Oakland, CA 94607
         Tel: (510) 285-0750
         Fax: (510) 285-0740
         Email: jjudin@dehay.com

ASBESTOS UPDATE: Utah Ct. Junks "Every Exposure" Theory Opinion
In the case captioned LINDA SMITH, as Personal Representative on
behalf of the Legal Heirs of RONNIE SMITH, Deceased, Plaintiff, v.
FORD MOTOR COMPANY, et al., Defendants, Case No. 2:08-cv-630
(D.Utah), Judge Dee Benson of the United States District Court for
the District of Utah, Central Division, granted Ford Motor
Company's Daubert motion to exclude the expert testimony of Dr.
Samuel Hammar after finding that the "every exposure theory" on
which the Hammar Opinion was based does not qualify as admissible
expert testimony.  The "every exposure" or "every breath" theory
holds that each and every exposure to asbestos by a human being
who is later afflicted with mesothelioma contributed to the
formation of the disease.

A copy of Judge Benson's Decision dated January 18, 2013, is
available at http://is.gd/Q745Clfrom Leagle.com

ASBESTOS UPDATE: Ex-Fireman, Humberside Fire Service Settle
Hull Daily Mail (UK) reports that a fireman who served on a Humber
fireboat has received a five-figure payout after contracting an
asbestos-related disease.

Humberside Fire and Rescue Service agreed an out-of-court
settlement with the former Hull fireman, now aged 84.  It followed
a four-year battle for compensation after man was struck down by a
lung condition, caused by exposure to the hazardous material.  The
pensioner, who has asked not to be named, has oxygen tanks,
designed to help him breathe, in almost every room of his west
Hull home.  He said: "I was employed by Hull Fire Brigade from
1951 to 1969, based at Clough Road fire station, but I spent a lot
of time on the Clara Stark, a fireboat in the Humber. Asbestos
used to crumble off the pipework."

Before the demise of the fishing industry, with the Cod Wars in
the 1960s, a fireboat was used to tackle blazes on trawlers and
other ships at the busy docks.  Firefighters would also regularly
be called to blazes at garages filled with asbestos, he said. "Our
chief fighter even got us a scaled-down engine, which we called
the Cottingham Flyer, that we used to get round the various
tenfoots to fight the fires," he said.  Doctors have told him his
condition, pleural essusion -- thickening of the lungs lining --
is incurable but not fatal.  However, it drastically reduces his
quality of life and he has constant trouble breathing.  He said:
"I am glad I have received this money. I hope it will encourage
others who have suffered to come forward and get what they are
entitled to.  Never in a million years did I think I would get
this condition, but no one does at the time.  As a fireman, I did
not see the dangers of asbestos."

Howard Bonnett, of York-based Corrie's Solicitors, represented the
claimant.  He said: "A lot of paperwork showed people were aware
of how dangerous asbestos was. Indeed, it was known to be
dangerous from as early as 1900.  Hull Fire Brigade, which became
Humberside Fire and Rescue Service, should, in my opinion, have
been aware and taken steps to protect workers.  We were not
talking about a back-street Hull factory, for example, which may
have been forgiven for not knowing about the dangers of asbestos."
Mr. Bonnett said he was pleased Humberside Fire and Rescue had
paid-out but was frustrated that it had taken so long.  He said:
"Their insurers fought us tooth and nail for four years. It could
and should have been dealt with more quickly.  The money will help
improve, to some extent, my client's quality of life.  He lives
with his disabled wife and he is her carer, so this money will be

ASBESTOS UPDATE: Virginia High Court Flips Ruling vs. ExxonMobil
Peter Dujardin, writing for Newport News, Virginia, Daily Press,
reports that the Virginia Supreme Court has reversed a $17.5
million verdict against ExxonMobil in an asbestos case, saying a
trial judge improperly excluded evidence that Newport News
Shipbuilding knew of the dangers of breathing the microscopic
asbestos fibers.

In a 5-2 ruling, the state's highest court ruled that a jury in
Newport News Circuit Court might have rendered a different verdict
against the oil giant if Circuit Judge Timothy S. Fisher had
allowed evidence about the shipyard's knowledge about asbestos.

The court remanded the case back to Newport News for a new trial.

"We . . . hold that the trial court erred in refusing to admit
evidence of the Shipyard's knowledge of the dangers of asbestos
exposure and its procedures regarding precautions to be taken
around asbestos," the Virginia Supreme Court wrote in a 28-page

Rubert "Bert" Minton, of Isle of Wight County, was a repair
supervisor on commercial vessels at Newport News Shipbuilding
between 1966 and 1977, and previously worked there for seven years
as a shipfitter in new construction.  During his time as
supervisor, Minton worked on 17 Exxon commercial oil tankers out
of some 200 vessels repaired during that time. Decades later, he
came down with mesothelioma, an asbestos-related form of cancer.
He died in August 2012, or 17 months after the March 2011 trial.
Because of provisions of workman's compensation law, the shipyard
holds immunity from asbestos cases brought by former yard workers.
Still, Exxon sought to introduce evidence to bolster its argument
that the shipyard, not Exxon, was mostly to blame for Minton's
cancer.  Fisher, however, blocked Exxon from doing so.

Minton's lawyer, Bobby Hatten with the Newport News firm of
Patten, Wornom, Hatten and Diamonstein, said his firm will
challenge the high court's ruling -- in a motion for
reconsideration, and, if necessary, in an appeal to the U.S.
Supreme Court.  "There are a number of legal authorities that the
court has not had an opportunity to consider," said Hatten,
calling the shipyard's knowledge "totally irrelevant" to Exxon's
liability.  The first trial in March 2011 took three weeks. But if
the state Supreme Court's ruling ultimately stands, Hatten said
his firm would likely try the case again. "We will cross that
bridge if we have to," he said.

A spokesman for SeaRiver Maritime, an Exxon subsidiary, declined
Monday to offer a reaction to the court's ruling.

In its ruling, the state Supreme Court ruled that the evidence in
the case against Exxon was sufficient for a "reasonable jury" to
conclude the oil giant bore culpability for Minton's asbestos
exposure. There was clear evidence at trial, the court said, that
Exxon knew about asbestos dangers for decades, but didn't act to
protect yard workers.

Still, the court ruled that the shipyard "is presumed to have a
higher level of expertise" than Exxon in protecting workers. "We
hold . . . that evidence tending to show the Shipyard's knowledge
of the danger and its ability and intent to remedy the danger is
relevant" in determining whether or not Exxon had a duty to
protect Minton, the court said.

ASBESTOS UPDATE: Hospital Fined for Failing to Inform Contractors
Theconstructionindex.co.uk reports that a northeast hospital trust
has been fined after contractors were unwittingly exposed to
asbestos fibres at Sunderland Eye Infirmary.

Sunderland Magistrates' Court heard Jan. 21 that over the weekend
of March 24-25 2012, contractors at the infirmary on Queen
Alexandra Road drilled through door surrounds on a ward to install
cables.  The following day concerns regarding the work were raised
by a staff member and it was confirmed that the door surrounds
were made of asbestos insulating board.

An investigation by the Health & Safety Executive (HSE) found that
City Hospitals Sunderland NHS Foundation Trust had an asbestos
survey that clearly showed there was asbestos in the door
surrounds but, despite several site meetings, the trust gave the
contractors no information on the location or condition of any

The court heard that asbestos insulating board does not pose a
risk to health unless it is damaged or worked on, when asbestos
fibres can be released. Drilling the board could cause fibres to
be released into the air.  City Hospitals Sunderland NHS
Foundation Trust, Kayll Road, Sunderland was fined GBP3,000 and
ordered to pay GBP4,582.40 in costs after pleading guilty to
breaching Regulation 4 (9)(c)(i) of the Control of Asbestos
Regulations 2006.  After the hearing, HSE inspector Shuna Rank,
said: "City Hospitals Sunderland had put considerable resources
into identifying where asbestos was in the hospital buildings but
failed to have efficient procedures in place to ensure the
information was passed to the contractors. As a result workers
drilled through the asbestos-containing material, potentially
exposing themselves, hospital staff and members of the public to
dangerous fibres.  There need to be systems in place to ensure
that all workers are aware of where asbestos is if their work is
likely to bring them into contact with asbestos-containing

ASBESTOS UPDATE: Staff at Bronglais Hospital May Be Exposed
BBC.CO.UK reports that a number of recommendations have begun to
be carried out after a critical review of the mismanagement of
asbestos at a Ceredigion hospital.

The review followed revelations in August that up to 30
maintenance staff at Bronglais Hospital, Aberystwyth, could have
been exposed to asbestos.  The independent reviewer, Dr. Clive
Grace, concluded there were "weaknesses in systems, behaviours and

NHS Wales says it has accepted all of the recommendations.

The review was commissioned by NHS Wales chief executive David
Sissling, and its aim was to "identify the key events during 2004-
2009 which led to the mismanagement of asbestos identified by the
Health and Safety Executive [HSE] investigation.  "This includes
the time period when the site was managed by the former Ceredigion
and Mid Wales Trust, and Hywel Dda NHS Trust".  The review says
the HSE investigated and in 2011 found that "in their view, the
strategic management arrangements in operation at Bronglais
Hospital in respect of health and safety were wholly ineffective".
The hospital is under the control of the Hywel Dda Health Board,
but issues first arose in 2004, and the health body has been
restructured since.  The report says: "These changes were in one
sense beneficial, in that they led directly to the asbestos issues
at Bronglais Hospital being identified and dealt with.  However,
they also complicated matters in that during the reorganisations
there was no transfer of criminal liability from the predecessor
to the successor bodies, and this inhibited HSE in the action they
could eventually take."

Among his recommendations, Dr. Grace calls for local health boards
to "agree health and safety intervention plans with the Health and
Safety Executive" and "respond to health and safety audits within
agreed timescales".  Dr Grace said: "What was striking throughout
the work of the review was the overwhelming sense of commitment,
which everyone had to helping find out what happened at Bronglais
Hospital and helping to improve matters going forward."

NHS Wales chief executive David Sissling said the review had been
thorough, adding: "I have accepted all of the recommendations made
by Dr Grace which we have already begun to implement."

ASBESTOS UPDATE: Lorice Enterprise Faces $83,000 in Fines
Brian Nearing, writing for The Times Union, reports that an Albany
company faces more than $83,000 in federal fines for allegedly
exposing workers to asbestos during a project on Kent Street, said
the U.S. Department of Labor's Occupational Safety and Health

OSHA investigators issued nine violations to Lorice Enterprise, of
40 Mereline Ave., based on an August 2012 inspection after being
summoned by state regulators, according to an OSHA press release.

"Lorice Enterprises did not conduct an initial exposure assessment
to determine exposure for the workers removing asbestos-containing
roofing material. Additionally, the employer did not utilize wet
methods to ensure that asbestos did not become airborne, and
failed to ensure head and eye protection for these workers," said
Kimberly Castillon, OSHA's area director in Albany.

Of the nine violations, failure to track potential asbestos
exposure daily was classified as willfull, meaning the company had
an "intentional, knowing or voluntary disregard for the law's
requirements, or with plain indifference to worker safety and

Lorice Enterprises has 15 business days to comply, request an
informal conference with OSHA's Albany area director, or contest
the citations and proposed penalties. The firm couldn't
immediately be reached for comment.

ASBESTOS UPDATE: Aussie Cancer Council Wants Database
According to an ABC report posted at Yahoo!7 News Web site, the
Western Australia Cancer Council has called for the establishment
of a state-wide asbestos database to identify all buildings
containing the harmful material.

The asbestos register is one of three cancer-related issues being
pushed by the council in the lead-up to the state election.  The
acting CEO Terry Slevin says almost 5,000 West Australians have
died of asbestos-related illnesses.  He says creating a database
would be costly and time-consuming but could also save lives.
"Whether they're doing renovations or there's demolition going on
or in circumstances of disaster, it's important people know where
the asbestos is, and be confident of how to identify it, and to
manage it safely," he said.

Mr. Slevin says mapping out exactly which buildings contain
asbestos would be a good start.  "It's very, very hard to manage
any problem unless you know exactly what it is you're dealing
with," he said.  "Identifying where the asbestos is, is a logical
starting point.  We don't pretend it's a simple task, we don't
pretend it can be done overnight but it's a piece of work that
needs to be done."

The council is also calling on political parties to address
critical shortages in the cancer workforce and a lack of funding
for research.  The council was slated to meet the major political
parties this week.

ASBESTOS UPDATE: McLean School Board to Discuss Removal Funds
Phyllis Coulter, writing for Pantagraph.com, reports the McLean
County Unit 5 school board on Jan. 23 was slated to consider the
best options to reimburse district funds tapped to pay for
renovations and asbestos removal at Chiddix Junior High last year.
The option recommended by the district's business manager and
financial advisors involves using pension reserves.

A public hearing concerning the board's intent to issue $3.75
million in working cash fund bonds was slated to be held at the
start of the meeting that was to begin at 7 p.m. at the Unit 5
offices, 1809 W. Hovey St., Normal.

School board members were presented with three options at their
last meeting to reimburse Unit 5's site and construction fund for
money used at Chiddix that also includes other renovations planned
for a later date.  The money, taken from the construction fund,
was approved for in the 2008 referendum. Renovations were planned
for Chiddix in five years, but the need for the asbestos work sped
up the process.

Unit 5 Business Manager Erik Bush is recommending the district
issue $3.75 million in working cash bonds for a five-year term,
recognizing that Unit 5 annually be able to use pension reserves
to moderate rate increases.  When examining the options at the
Jan. 9 meeting, Bush estimated issuing the bonds could cost a
taxpayer who owns a $150,000 house, between $12 and $31 dollars
annually in property taxes, depending on the option chosen. Board
members voiced concern of that impact on taxpayers, and it was
studied further by the district's finance committee.  The option
Bush is recommending involves balancing pension reserve funds to
reduce the impact on property tax increases. It uses about $1
million in reserves (already collected property taxes) to pay down
property tax increases over the next five years.  With the help of
pension reserves, the impact to the homeowner could be reduced to
about half the increase, or $9 for the owner of a $150,000 house.
With $2.6 million in pension reserves at the end of the fiscal
year 2012, an estimated $1.3 million will still remain in the fund
after bond repayment is complete, Bush said.  The strategy has
been used the last three property tax cycles to manage the overall
property tax rate, and is "consistent with the desire of the
finance committee," Bush said, adding, "This method poses no harm
to our ability to meet current pension costs and still allows for
a healthy reserve."

Superintendent Gary Niehaus said he hopes the public will support
the option chosen. "I thought we did a pretty good job on
Chiddix," he said. The district received a lot of public support
of how they handled closing the school for the staff and
children's safety and temporarily educating the students at other
schools in the district, he said.  However, he also acknowledged
the public could call for a referendum on the issuance of bonds.
If the board passes a resolution declaring the intention to issue
$3.75 million in bonds at the meeting Wednesday, the public can
still have a say. If a petition signed by 10% of registered voters
within 30 days who object to the bonds being issued (and the
property tax increase), a referendum could be called. The public
would be able to vote in the increase.

ASBESTOS UPDATE: Master Builders Chief Warns DIY Enthusiasts
The Gympie Times (Australia) reports that DIY enthusiasts and
renovators must be mindful of the dangers associated with asbestos
when completing their home improvement projects over the summer
period, Master Builders has said.

As summer is a popular time to complete home projects, the warning
is a timely reminder that about one third of all Australian houses
contain asbestos and pose a potential health risk unless carefully

Master Builders Australia acting chief executive officer Richard
Calver said asbestos was widely used in building materials up
until the mid-1980s and could be found in every room of some older
houses.  "DIY and home renovation projects are obviously very
popular," he said.  "However, home renovators and DIY enthusiasts
should not downplay the importance of seeking professional advice
to avoid disturbing asbestos in order to complete their projects
safely. Asbestos is difficult to identify and, once disturbed and
airborne, it can pose serious health risks. It is crucial to seek
professional advice before starting your next home project."

Asbestos can be commonly found in roofs as loose fill insulation
and corrugated cement roof tiles, floors as part of concrete,
flooring underlay and adhesives, kitchen and bathroom splashbacks,
tile products and adhesives, wall and ceiling products and
gutters, downpipes and fences.

ASBESTOS UPDATE: No. of Madison County Cases Break Previous Record
Travis Akin, writing for The Madison-St. Clair Record, reports
Madison County, which is currently ranked the nation's third worst
"Judicial Hellhole," has just set a record of its own. In 2012 the
number of asbestos case filings in Madison County not only went
up, but the previous high of 953 asbestos cases in a single year
was shattered by more than 600 asbestos case filings.

It is one thing to break the previous record but what happened
last year obliterated all previous records with asbestos case
filings in Madison County. There cannot be any doubt that Madison
County's reputation as a "Judicial Hellhole" is a well-deserved

According to the 2012 "Judicial Hellholes" report, "there simply
is no justification for a jurisdiction with .0008 percent of the
nation's population to handle 25% or more of its asbestos cases.
Even worse is the fact that only about 1 in 10 of the county's
asbestos cases is filed by people who actually live or work there,
and asbestos claims comprise roughly 60% of all lawsuits seeking
more than $50,000."

Think about this for a moment. Madison County has a tiny fraction
of the nation's population but yet more than 25 percent of the
country's asbestos litigation is handled in Madison County and the
vast majority of the cases filed there have little or nothing to
do with Madison County.

Yes, Madison County continues to set records in asbestos lawsuits
but unlike Colin Kaepernick's record setting performance, no one
is celebrating Madison County's achievement -- except perhaps the
personal injury lawyers who flock to Madison County to file their
junk lawsuits.

The time has come for Madison County to be known as something
other than one of the worst "Judicial Hellholes" in the country.
What Madison County residents need are more jobs -- not more

Let's set a new record in Madison County in 2013. Instead of being
mired down as one of the nation's worst "Judicial Hellhole,"
Madison County needs to set a record for being the quickest
jurisdiction in the nation to go from a "Judicial Hellhole" to a
point of light for reform. Now that would be one record we all
could celebrate.

ASBESTOS UPDATE: Cooney & Conway Discuss Asbestos in Schools
Cooney & Conway Mesothelioma Lawyers, in a press statement, said
asbestos was commonly used in schools as insulation and in
building materials, such as drywall, floor/ceiling tile, applied
fireproofing spray, and piping/boiler insulation. Undisturbed
asbestos materials generally do not pose a health risk to students
and teachers. However, over time asbestos materials can become
hazardous due to deterioration or damage.

If asbestos containing materials are disturbed, (e.g. during the
installation, maintenance, or removal process), asbestos fibers
may become airborne and pose a health threat to students, teachers
and other employees within the schools. Once asbestos fibers are
inhaled or swallowed, the risk of getting an asbestos related
disease, such as asbestosis or mesothelioma, also increases.
Student exposure to asbestos in schools is particularly concerning
because once the fibers accumulate in the lungs, the latency
period between asbestos exposure and the onset of symptoms can
take as long as 20 to 50 years.

The federal government has been regulating the use of asbestos in
schools since the 1980's. Schools now have regulatory requirements
and management plans to reduce the risk of potential asbestos
exposure for students and teachers. However, until the presence of
asbestos in schools is eliminated entirely, many believe it will
continue to pose a health risk.

Parents, teachers, students, and service workers have the right to
inspect the school's asbestos management plans. It is important to
learn about the school's response actions, the location of
asbestos within the school, and any action taken to repair or
remove the asbestos-containing material. As part of schools
asbestos management plan, they are required to make certain
information publicly available, including, but not limited to:

   * Blueprints that identify the location of any asbestos-
     containing materials that remain in the school;

   * A description of the planned response action in the event of
     asbestos materials being disturbed;

   * The preventive measures taken to reduce asbestos exposure;

   * A report of steps taken to inform workers, teachers, and
     students about inspections, and re-inspections; and

   * A copy of the analysis of any building material being tested.

Although progress is being made to limit the uses of asbestos and
to identify the hazardous materials in schools, one of the most
important things you can do as a parent, teacher, or student is to
stay up-to-date on your school's asbestos conditions. For more
information contact the asbestos hotline at (800) 471-7127. You
can also visit EPA's website at

Cooney & Conway Mesothelioma Lawyers are responsible for filing
claims, correcting deficiencies, and preparing affidavits for over
200 mesothelioma victims.  Also in charge of managing 40+
defendants and conferring with trust directors to resolve claimant
issues that result in the approval of paid claims.

Cooney & Conway may be reached at:

Phone: 312-436-2439
Chicago, IL, USA
Attn: Ali Hayes
E-mail: mainDesk@cooneyconway.com

ASBESTOS UPDATE: Fibro Found in Ogdensburg Public Library
Brian Kidwell, writing for Johnson Newspapers, reports that that
Ogdensburg Public Library's pending window replacement may cost
more than originally estimated because of unexpected asbestos

Director Wayne L. Miller said the project's budget was originally
just over $105,000. That was covered by a $52,710 state library
construction grant and a local match. But the presence of more
asbestos than expected in the old glazing that surrounds the
windows, which must be removed, likely will increase the cost.
"In preparation for putting the window project out to bid, we
tested for asbestos," he said. "The glazing on 31 windows tested
over the 1 percent threshold. This means a certified asbestos
abatement contractor must be hired to remove the glazing. We must
also hire a certified testing company to monitor the abatement

The estimate is now $120,000 and holding.

"We now know what we must do and I am currently obtaining cost
estimates for that work," Mr. Miller said. "These are costs in
excess of those budgeted for the weather stripping and other
repairs to our forty-four 1923 windows. These costs are in
addition to the other 50 percent needed for the replacement and
renovation funds already being sought to match the state grant."

The city pulled the local share from the library's 2013 budget and
instead may tag it onto a bond that also would borrow money to buy
a pumper truck for the fire department and a Zamboni ice
maintenance vehicle for the Richard G. Lockwood Civic Center rink.

"I am exploring all opportunities to apply for grants," Mr. Miller

The 44 wood-frame windows date back to the library's 1923
renovation. They need to be stripped and reglazed to improve heat

ASBESTOS UPDATE: Fibro Found Near Canley Vale High School
Sally Lee, writing for the Fairfield City Champion (Australia),
nearly two square metres of broken asbestos found near Canley Vale
High School and a sporting field has sparked residents' health

Cabramatta firefighters were checking hydrants last Tuesday
morning when they found asbestos embedded in the ground near
Sherwin Park on a privately owned site near Ada and Togil streets.

"We found the asbestos smashed up and it looked like it had been
there for a long time, because there was grass growing through the
area and it didn't look like it was freshly cultivated," said
Cabramatta station officer John Moore.  "It's as if there was an
old building which had been demolished."  Mr. Moore said it was
important for residents to be aware of the health risks of
asbestos.  "Even two square metres of broken asbestos is harmful,"
he said.

Fairfield City Council officers were alerted soon after
firefighters secured the area.

A council spokesman said the fibro-like material may have been
dumped on the land.  "Some of the larger, obvious visual pieces
were removed to safeguard the community," he said.  "Council is
currently in the process of contacting the owner of the private
property whom responsibility falls upon, to remove the possible
asbestos dumping."  The council couldn't disclose the identity of
the land owner.

The NSW Ministry of Health's website says inhaling asbestos fibres
could cause asbestosis, lung cancer and mesothelioma.  "The
symptoms do not usually appear until about 20 to 30 years after
the first exposure," says its website. "Disturbing or removing it
unsafely can create a hazard."

ASBESTOS UPDATE: Union Encourages FMP Workers to Consult Lawyers
ABC News reports that the Australian Manufacturing Workers Union
is encouraging people who worked at Ballarat's FMP factory to
register with lawyers if they are concerned about asbestos-related

The brake and clutch manufacturer was formerly known as Bendix.

The AMWU's Ballarat-based organiser, Colin Muir, says it is wise
for former employees to sign up to asbestos registers, in case
they develop illnesses in the coming decades.  He says the company
was one of the last to stop using asbestos, ending its use in the
early 2000s.  "The main history locally in Ballarat was at FMP
where FMP for many years used asbestos as part of their brake and
clutch material," he said.  "I was a shop steward at FMP before I
was working full-time for the union and absolutely worked with
asbestos on a day-to-day basis.  There was always long-term
concerns about any exposure of workers to asbestos and . . . FMP
was one of the last, if not the last, company in Australia to use
asbestos, so obviously there were concerns but that was part of
the reason why asbestos was no longer used, certainly it was
concerns raised by unions."

ASBESTOS UPDATE: Demolition of Quaker Street Building Delayed
Jaime Thomas, writing for Manchester Newspapers, reports that the
discovery of asbestos in the old schoolhouse on Quaker Street has
thrown a small monkey wrench in demolition proceedings.  The
delay, however, is only temporary.

Jesse Howard, owner of Jesse Howard Properties and Building Co.,
told the Sentinel that he has been hired by property owners Tom
and Jerry Burke to demolish the Quaker Street structures that
include the historic Quaker Meeting House, the former veterinary
Clinic building and a private home.  The discovery of asbestos in
each building, however, has resulted in the temporary suspension
of the project.  "It's not going to happen this week; I had a
company go in and do an asbestos inspection, and they came up with
a report for the building," Howard said. "I have to do the
procedure correctly."  Howard was referring to state regulations
that require such clearance before a building can be torn down, in
order to avoid environmental hazards.

"It's something they (the state) have always done, but they
haven't always been on top of it; it's something they're trying to
catch up on," Russell Bronson, Granville town code enforcement
officer, said.

The notifications of asbestos and project suspension posted around
the Quaker Street plot reference a New York State Department of
Labor Asbestos Control Bureau code.  "The code requires the
following to ensure the proper abatement of asbestos materials:
licensing of contractors, certification of all persons working on
asbestos projects, filing of notifications for large projects and
pre-demolition survey of buildings to identify any asbestos that
may be present," according to labor.ny.gov.  On its website, the
department also said it works closely with the environmental
protection agency.

Howard said he was getting prices on Tuesday for asbestos removal.
"Once I figure out who's going to remove it, the state has to have
a 10-day asbestos removal notice, and then once that's removed
I'll tear the buildings down," Howard said. "It's not at a
standstill, it's just going to slow down a little bit."

Russell Kiggins, code enforcement officer for the county, said as
of Tuesday he said he has not seen any paperwork for the property,
and he is waiting on an application for demolition and a notice of
asbestos removal before he can approve anything.

Howard said he understood there was concern surrounding the
historical value of the building and that he welcome questions
from anyone who wants to get in touch with him.

ASBESTOS UPDATE: Work at Norfolk Community Centre Reveals Fibro
Dominic Bareham, writing for EDP24 (UK), reports that a Norfolk
youth and community centre has been closed temporarily after
asbestos was found by workmen carrying out improvements to the

The fire retardant material, which has been banned in the UK since
1985 because it has been linked to lung diseases including
mesothelioma, was discovered on the top floor at Diss Youth and
Community Centre, in Shelfanger Road on Jan. 22 by workmen who
were replacing single framed metal windows with double glazing to
make the building more energy efficient.  The discovery has
resulted in the centre being shut temporarily pending the results
of air tests to determine whether the asbestos poses any danger to
centre users.

Keith Kiddie, one of the centre's trustees, said the mineral was
found in panels around windows on the top floor, which were being
replaced as part of refurbishments to the centre, built in the
1970s, which will include new flooring, blinds and a suspended
ceiling to make it more energy efficient.  However, he said the
top floor was not used by any of the groups based at the centre,
including the South Norfolk Youth Symphonic Band and there was no
risk anyone could have been contaminated by the asbestos, which is
only harmful if it is disturbed.  He added the workmen moved
swiftly to stop the improvements and close the building after
discovering the white material, which was subsequently confirmed
as asbestos by an independent expert.  Mr. Kiddie said windows on
the bottom floor had already been replaced and no asbestos had
been found.  "It is just one of those unfortunate things. Nobody
knew there was asbestos in there before the work started, but now
that we have discovered it we have just got to get on and manage
it," he added.  He did not know how much it would cost to remove
the asbestos, but said he was hopeful the downstairs section of
the building could be reopened soon to users once the results of
the air tests were known.

The centre's trustees have been successful in receiving GBP40,000
of grant funding from the Norfolk Community Fund, South Norfolk
Council, Norfolk County Council's Construction Fund, Awards for
All and a small amount of infrastructure money from developers to
pay for the improvements.  The first phase of work to replace the
windows started this week but had to be suspended following the
asbestos discovery.  The centre was saved by an anonymous donor,
who stepped in to buy the facility when it was being sold by the
county council as part of cutbacks to reduce the national debt.
As well as a regular youth club, the centre also plays host to
events and activities including collectors fayres, art group
meetings and dance events and judo classes.

                           *     *     *

Dominic Bareham, senior reporter at Norwich Evening News 24,
reports that part of the Norfolk youth and community centre has
been reopened again to user groups after being temporarily closed
when workmen discovered asbestos on the premises.

The bottom floor of the Diss Youth and Community Centre in
Shelfanger Road was being used again on Jan. 23 after trustees of
the centre closed the building on Tuesday, Jan. 22, when workmen
discovered the potentially deadly asbestos, which has been linked
to lung diseases, in panels surrounding windows on the top floor.

An independent expert was called in to conduct air tests on the
top floor, which revealed only "minimal" levels of asbestos in the
air, insufficient to pose a danger to people, so the trustees
decided to reopen the centre.

Town clerk Deborah Sarson told a town council meeting on Jan. 23
the top floor was being kept closed, adding: "The air test has
found very low levels of asbestos, but it is safe to keep that
area locked. Some user groups are choosing to use alternative
sites temporarily, but we are keeping users informed and providing
them with alternative sites where we can."

Keith Kiddie, one of the centre's trustees, said the windows were
being replaced as part of refurbishments to the centre, built in
the 1970s, which will include new flooring, blinds and a suspended
ceiling to make it more energy efficient.  However, he said the
top floor was not used by any of the groups based at the centre,
including the South Norfolk Youth Symphonic Band and there was no
risk anyone could have been contaminated by the asbestos, which is
only harmful if it is disturbed.  He added the workmen moved
swiftly to stop the improvements and close the building after
discovering the white material, which was subsequently confirmed
as asbestos by an independent expert. Windows on the bottom floor
had already been replaced and no asbestos had been found.  He did
not know how much it would cost to remove the asbestos and said
work had been suspended until the material had been removed.

ASBESTOS UPDATE: Fibro Found at McWatters Nickel Mine
The Canadian Press reports that Liberty Mines Inc. (LBE:TSX) said
that it has found a form of asbestos in the ore body at its
McWatters nickel mine, which is currently on care and maintenance

The company said it will conduct additional testing and further
independent analysis to determine the impact on the economic
feasibility of restarting the mine, southeast of Timmins, Ont.
Liberty Mines is also reviewing conditions at its inoperative
Redstone mine, its Hart project and its mill.  Last year, the
company suspended work at McWatters, which has operated
intermittently from 2009-2012, due to low nickel prices.

ASBESTOS UPDATE: Fibro Kills Swindon Railway Worker
Josh Layton, writing for Swindon Advertiser (UK), reports that a
former apprentice at the Swindon Railway Works told in a statement
written before his death how he was continually exposed to
asbestos at the factory.

Royston Smith died of mesothelioma, a type of cancer suffered by
people who have come into contact with the substance.

In a statement read by assistant deputy coroner Ian Singleton at
his inquest, he described how he began at the works as an office
boy in 1945.  Asbestos was in widespread use at the factory,
including in the lagging, boilers and pipes, and he came into
contact with the material in a number of 'shops'.  Mr. Smith, who
died aged 82, began an apprenticeship on his 16th birthday as a
fitter, turner and erector at the works.  He left in 1951 to work
as an assistant engineer on ships belonging to P & O, where
asbestos was also in use.  Mr. Smith told in his statement how
British Rail and P & O "never gave masks, warnings or protective
clothing".  He also worked for other shipping companies, including
Atlantic Steam, and in the merchant navy. He later returned to the
British Railway factory in Swindon where he was again exposed to
the hazardous substance.  He said: "There was asbestos lagging in
coaches. This was exposed because new carriages were being built."
Asbestos also fell underneath the coaches, Salisbury Coroners'
Court heard on Jan. 22.  Mr. Smith left in 1960 to work at the
former Pressed Steel factory in Swindon as a millwright, where he
came into contact with asbestos blocks.  He developed pleural
plaques in 1993, a scarring of the lungs caused by exposure to
asbestos.  Mr. Smith, from Ridgeway Road, Stratton, was diagnosed
with mesothelioma in July 2012 and died on November 16 last year.

Assistant deputy coroner Ian Singleton said: "I am satisfied that
the cause of death is as given by the pathologist, namely
mesothelioma, which is an industrial disease."

Mr. Smith was represented in a successful claim against British
Rail by Brigitte Chandler, who is based in Old Town with Charles
Lucas & Marshall solicitors. British Rail have already made an
interim payment of GBP50,000 to his family and are expected to pay
a six-figure sum to his widow Doreen to cover loss of income,
funeral expenses and other expenditure incurred as result of his

Ms. Chandler said the main cause of exposure had been Mr. Smith's
time at the Railway Works.

ASBESTOS UPDATE: Fibro Dumped at Biogas Facility in Ireland
Galway Bay FM (Ireland) reports that witness statements over an
alleged asbestos dump were heard during an oral hearing on a
proposed biogas and anaerobic digestion facility in Tuam.

John Reynolds, who worked for RMWS, says hundreds of bags filled
with asbestos were dropped in a hole and filled over with concrete
at the proposed site location in Airglooney.  Now an elderly man,
Mr. Reynolds struggled to hear some of the questions, and
solicitor John O' Donnell decided to sit beside him for clarity.
Mr. O' Donnell asked Mr. Reynolds to point out the exact location
of the dump, and he said it was at the back of the Erin foods

Further evidence was to be heard on the afternoon of June 23, day
two of the oral hearing.

ASBESTOS UPDATE: Relocation of UConn West Hartford Campus Delayed
Greg Bordonaro, writing for Hartford Business Journal, reports
that the University of Connecticut's relocation of its West
Hartford campus to downtown Hartford has hit a stumbling block as
the office building the school is targeting for relocation in
Constitution Plaza has several issues including asbestos and space
constraints, people familiar with the matter told HBJ Today.

UConn officials declined to comment Jan. 23 morning on the status
of the Travelers Education Center, but said an announcement
updating the downtown Hartford move could come as early as
Thursday morning, Jan. 24.  UConn has been planning to move about
2,200 students and faculty to downtown for months, and recently
hired Hartford's JCJ Architecture for a $243,524 pre-design study
of the Travelers Education Center at 200 Constitution Plaza.  That
135,000-square-foot office budding, which is currently vacant and
was foreclosed upon, was the top choice for UConn's new downtown

But people familiar with the planned move say that along with
asbestos, the building may lack the space to fit UConn's needs.
UConn is looking for about 150,000 square feet downtown, school
officials say.  It's unclear what the school's next move will be
or if the Travelers Education Center falls completely out of the
running as UConn's downtown campus. If that building is no longer
being considered by UConn it will limit the school's options.
Although downtown Hartford has a high office vacancy rate, finding
150,000 square feet of space isn't a simple task.

UConn previously said it was also looking at Connecticut River
Plaza and One Talcott Plaza on Talcott Street as possible location
targets. However, the state is already close to buying Connecticut
River Plaza for its own relocation plans. One Talcott Plaza, which
is vacant, has about 103,000 square feet of space.

ASBESTOS UPDATE: Specialists Tapped to Remove Grantham Fibro
ABC reports that two years after the flood that tore Grantham
apart caution signs still line the road into town.

While many people have built new homes on the high side of town,
as part of a land-swap with council, their former house blocks in
the lower part of town look overgrown with grass and bush. But
there's a good reason.


"We've notified a number of people not to mow blocks which may
break up the substances that cause health issues," Mayor Steve
Jones says.  The mayor says a number of homes in the area were
built during the 1940s and 50s. "Those types of products were in
common use then," the mayor explains.  The process to return the
blocks to their natural state has been a long one.  "We've got
specialist companies involved. We're at the point where we've
removed the bigger objects. Now we've got to plan it out in such a
way that these organisations come in and professionally clean the
blocks."  The mayor says areas that are considered to be a
substantial risk have been taped off into small blocks so they can
be cleaned one block at a time.  "When we return it to farmland,
or parks, we can be confident that it's fairly safe."
Traditionally a fruit and vegetable growing area, the mayor says
one idea for the land is to create a community garden.  "We're
really keen to focus on the produce aspect of Grantham. That's
where its history was," he says.

ASBESTOS UPDATE: Odyssey Cleanup Volunteers Urged to Contact HSE
Debbie White, writing for The Herts Advertiser (UK), reports that
volunteers who helped clear debris from the former Odeon cinema in
St Albans, have been asked to contact the Health and Safety
Executive (HSE).

Dangerous asbestos is currently being stripped out of the derelict
theatre, which is undergoing a major restoration project and is
now called the Odyssey Cinema.  The fibre was discovered during a
building survey, in the likes of insulation and noise reduction
panels, floor tiles, fire retardation material and in the boiler
room.  But that survey is understood to have been carried out
after about 30 volunteers cleared out the interior of the art deco
building in April last year.

HSE recently served a prohibition notice on the cinema to stop
work immediately -- asbestos is the single greatest cause of work-
related deaths in the UK.

A spokesman for the executive said: "The circumstances of the work
carried out in the former Odeon cinema and whether or not anyone
was exposed to asbestos are being fully investigated by HSE.  Any
volunteers who helped to clear debris from the building and who
feel they may be able to assist the HSE investigation are asked to
contact our divisional complaints team on 01256 404142 to log
their details.  This will enable HSE investigators to contact them
in due course."

St Albans based Borras Construction, the Odyssey's main contractor
during its GBP1.6 million rebuild, has said that the asbestos
removal process, which began December, would take nine weeks to

ASBESTOS UPDATE: Grace Adjusts Asbestos-Related Liability
W.R. Grace & Co. (NYS: GRA) said Jan. 24 it will adjust its
recorded asbestos-related liability to $2,065 million from the
previous amount of $1,700 million.  Grace will report a $365
million non-cash, pre-tax charge in its fourth quarter 2012
earnings. This non-cash charge will have no impact on Adjusted
EBIT or Adjusted EPS.

As discussed in the company's November 9, 2012 teleconference with
analysts, an adjustment to the recorded amount is now necessary to
reflect the increased estimates of the settlement values of the
warrant and deferred payment obligation payable to the asbestos
personal injury trust under Grace's plan of reorganization.  The
company currently estimates the warrant's value to be $490
million, the maximum value under the company's cash settlement
agreement with the asbestos trust. The cash settlement agreement
was approved by the bankruptcy court on December 17, 2012.

The company currently estimates the deferred payment obligation's
value to be $547 million. The increase in the estimated value of
the deferred payment obligation reflects the company's improved
borrowing costs and the expected timing of its bankruptcy
emergence.  The non-cash charge of $365 million is lower than the
range of $375 million to $475 million that the company had
estimated in its November 9 teleconference.  The ultimate cost of
settling the asbestos-related liability will be based on the value
of the consideration transferred to the asbestos trusts at
emergence and may vary from the current estimate.

The company will release fourth quarter 2012 earnings before
market open on February 6 and will conduct a conference call with
analysts and investors at 11:00 a.m. EST the same day.

Grace -- Http://www.grace.com/ -- is a global supplier of
catalysts; engineered and packaging materials; and, specialty
construction chemicals and building materials. The company's three
industry-leading business segments -- Grace Catalysts
Technologies, Grace Materials Technologies and Grace Construction
Products -- provide innovative products, technologies and services
that enhance the quality of life. Grace employs approximately
6,000 people in over 40 countries and had 2011 net sales of $3.2

ASBESTOS UPDATE: BNZ House Demolition Workers Wear Protection
The Press (New Zealand) reports that demolition specialists in
ChristcChurch, NZ, wearing protective clothing because of the
asbestos risk, inspected the roof of BNZ House in Cathedral Square
Jan. 25.

The demolition of BNZ House was stopped last July 20 when asbestos
was found on steel beams encased in concrete.  Specialists are
stripping asbestos from the steel beams, but the Canterbury
Earthquake Recovery Authority (Cera) has no date for when
demolition will be complete.  A spokeswoman said the work was part
of the process that would lead to the building coming down.  Last
year, contaminated demolition rubble from the building was
stockpiled on a Hereford St site until asbestos was found.  The
stockpile site was covered in tarpaulins and dampened down after
the July discovery.  The BNZ House demolition also contaminated
Hereford St, where loose fibres of the harmful material were
found.  Traces of white and brown asbestos were found at five
points in Hereford St and nine points on the stockpile site, a
report commissioned by Cera found.

Health experts say asbestos is most harmful if a person is exposed
to high levels of the material over a long period.  Prolonged,
chronic exposure to asbestos can lead to the development of
various lung diseases, including asbestosis and a form of lung
cancer know as mesothelioma.  It can take many decades after
exposure for lung cancer to develop.

ASBESTOS UPDATE: Fibro Washed Up on Henley Beach
AdelaideNow repots that Henley Beach residents have raised the
alarm about asbestos sheeting which is regularly being found
washed up on the shore.

Locals say the debris has been washing up on the shore for years
and are concerned it poses a potential health risk for beachgoers.
An Environmental Protection Authority spokeswoman said if people
found asbestos on the beach they should not touch it and instead
contact their local council or a licensed asbestos removalist.

Henley Beach man Leon Diou has been removing asbestos from the
beach up to three times a week for almost 20 years, sometimes
finding up to a kilogram of the material in a single day.
"There's tonnes of it," Mr. Diou said.  "My friends saw me and
asked what I was doing and were shocked to realise it was
asbestos.  My worry is that if it dries out and erodes into the
sand ... then people will start breathing it in."  Mr. Diou said
he only picked up the asbestos if it was wet, when it was less
dangerous, and wrapped it in plastic before disposing of it.  He
said Charles Sturt Council or Safe Work SA needed to take
responsibility for cleaning up the asbestos.

Western Adelaide Coastal Residents' Association president Jim
Douglas said he, too, regularly picked up broken asbestos sheeting
on the shore between Henley Beach and West Beach.  He said the
source of the asbestos needed to be found to stop the problem.
"I think the council should bring in the EPA (Environmental
Protection Authority) to find out where it's coming from because
it might be able to be stopped," Mr. Douglas said.  He said the
amount of asbestos on the beach fluctuated but he often found
"huge amounts".  "It's not unusual that I've picked up four or
five pieces of it in a day," he said.  "You don't want kids
playing around with it because if it dries out it's quite

The EPA spokeswoman said beaches generally came under the control
of local councils but if a formal complaint about the asbestos was
made the EPA "would certainly look into it".

Charles Sturt Cr Robert Randall said it was likely the asbestos
had come from 1960s shacks which had been demolished at western
beach suburbs more than 30 years ago.

Adelaidenow has contacted SafeWork SA for comment.

ASBESTOS UPDATE: DuPont, 133 Others Sued in Kanawha Court
Kyla Asbury, writing for The West Virginia Record, reports that a
Dunbar couple is suing 134 companies they claim are responsible
for a diagnosis of asbestosis and mesothelioma.

John E. Huxley was diagnosed with asbestosis and mesothelioma due
to exposure to asbestos while employed at various job sites and
locations throughout West Virginia and while his mother was
employed at E.I. Du Point De Nemours & Company, according to a
complaint filed Jan. 16 in Kanawha Circuit Court.  Huxley and his
wife, Lucille A. Huxley, claim the defendants failed to warn him
of the dangers of asbestos and failed to take reasonable
precautions to warn him of the dangers.  The defendants failed to
place any warnings on the asbestos-containing products to warn
handlers of the dangers of the products and failed to warn of the
dangers of other ingredients in their products, including silica,
according to the suit.  The Huxleys claim the defendants were
negligent and caused John Huxley to suffer his lung injuries,
shock and other nervous or emotional disorders.  The defendants'
actions of the conspiracy kept the Huxleys and others ignorant of
the dangers of asbestos and other products and in this way, the
conspirators aided efforts to sell products containing asbestos,
according to the suit.

The Huxleys are seeking a jury trial to resolve all issues
involved. They are being represented by David P. Chervenick, Bruce
E. Mattock, Scott S. Segal and Stephen Hoyer.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 13-C-75

ASBESTOS UPDATE: 62 Firms Sued in Kanawha Circuit Court
Kyla Asbury, writing for The West Virginia Record, reports that a
Huntington couple is suing 62 companies they claim are responsible
for a lung cancer diagnosis.

Cletis William Adkins was diagnosed with lung cancer on Sept. 10,
according to a complaint filed Jan. 17 in Kanawha Circuit Court.
Adkins and his wife, Lola Lee Adkins, claim the defendants exposed
him to asbestos during his employment as a laborer, high lift
operator and custodian from 1955 until 1994.  Cletis Adkins also
smoked approximately one pack of cigarettes per day for a period
of time until he retired, according to the suit.  The plaintiffs
claim the defendants exposed Cletis Adkins to asbestos and/or
asbestos-containing fibers during his career and failed to warn
him about the dangers.

The defendants are being sued based on theories of negligence,
contaminated buildings, breach of expressed/implied warranty,
strict liability, intentional tort, conspiracy, misrepresentation
and post-sale duty to warn, according to the suit.

The plaintiffs are seeking a jury trial to resolve all issues
involved. They are being represented by James A. McKowen.

The case has been assigned to a visiting judge

Kanawha Circuit Court case number: 13-C-80

ASBESTOS UPDATE: Pensioner Receives GBP117,000 From British Rail
Josh Layton, writing for Swindon Advertiser, reports that a
pensioner has received GBP117,000 in compensation from British
Rail following the death of her husband from asbestos exposure in
the latest case relating to former railway workers.

Kathleen Morgan brought the claim after her husband Kenneth died
from a type of cancer called mesothelioma, which was caused by
contact with the substance 70 years ago.  A post-mortem showed he
did not develop the disease until 2010, aged 86.  He began to
suffer health problems in June of that year and died in November.

The settlement was reached out of court with British Rail also
agreeing to pay all legal costs.

Mrs. Morgan, from Ferndale, was represented by Brigitte Chandler,
a leading industrial disease lawyer and partner with Swindon law
firm Charles Lucas and Marshall, who has fought for many hundreds
of railway workers over the past 30 years.  She said: "It is
important for people who worked on the railways to remain vigilant
if they were exposed to asbestos.  If they develop any sort of
chest problems they should visit their GP."

Mr. Morgan was employed at the Swindon Railway Works from the age
of 15, starting as an errand boy.  He then became an apprentice
fitter, turner and erector, working in the notorious AE workshop
where locomotives came in for maintenance and repair and where
boilers were coated with thick asbestos.

Mrs. Morgan, who belongs to the Swindon and South West Asbestos
Support Group, was also employed at the works during the Second
World War, heating rivets in the boiler shop where she was exposed
to the substance.

Dozens of men and women from Swindon are dying every year from
illnesses caused by exposure to the substance and the number of
deaths has not yet reached its peak, experts warn.

ASBESTOS UPDATE: Retired UK Train Driver Dies of Fibro Exposure
Hemeltoday.co.uk reports that a man who worked with steam
locomotives died from a rare cancer after years of asbestos

Retired train driver Alfred Bryant, 76, of Dundale Road, Tring,
had started out cleaning trains, before becoming a stoker and then
a driver.

During a hearing into his death on Thursday, Jan. 24, Herts
coroner Edward Thomas said: "He would touch asbestos and knock
bits off as he cleaned. He would also be present when others
removed asbestos material."  Some of the train cabs were insulated
with asbestos. "In the early days the locomotives wobbled and
rattled along which caused the asbestos to be disturbed," said Mr.

The married 76-year-old was diagnosed with mesothelioma last
summer after suffering with shortness of breath and chest pain.

Mr. Thomas said: "I'm satisfied that for a substantial period of
his working life he was exposed to asbestos.  His symptoms and the
dates of his exposure to asbestos are very consistent to the
development of mesothelioma."

Married Mr. Bryant had continued to work on the railways as a
part-time customer services assistant until the age of 75. He died
at his home on December 6. Mr. Thomas recorded that he died of
industrial disease through mesothelioma "through an occupation
that, when safe, he obviously really loved."

ASBESTOS UPDATE: Scunthorpe Hotel Closure Blamed on Fibro
Thisisscunthorpe.co.uk reports that the Bridge Hotel in Scunthorpe
has closed temporarily, council officials have revealed.

A North Lincolnshire Council spokesman said the hotel, near
Howden's Hill and Station Road, was closed Jan. 24.  "The property
had a routine check by the fire brigade which found some
asbestos," he said.  "This was referred to health and safety who
have closed the business until the problem is sorted.  Tests are
currently being carried out."

A decontamination unit is now on site and it is unknown when the
hotel will re-open again.

The hotel was unavailable for comment.

ASBESTOS UPDATE: South Heights School Reopens After Fibro Scare
The Gleaner reports South Heights Elementary was slated to resume
classes on Monday, Jan. 28.

Classes were canceled at the school Friday, Jan. 25, so officials
could determine if there was asbestos in the building.  Officials
received word Saturday that there were "no asbestos fibers
detected in any of the clearance samples," according to a news
release from Henderson County Schools. Based on the analysis
report, the Kentucky Division for Air Quality recommended the
school reopen Monday.

The decision to cancel classes Friday came after crews tearing up
carpet on Wednesday found something they thought could indicate
the presence of asbestos in the school.  The carpet was being
replaced because of a leak in the school's roof and ceiling that
caused water damage to a room used by third-, fourth- and fifth
graders. Assistant Superintendent Marganna Stanley said during a
press conference Thursday, Jan. 24, that the classroom hadn't been
occupied since the leak occurred.  To ensure the safety of
students and staff, classes were canceled Friday as samples were
taken from the room with water damage, a hallway and surrounding

The Environmental Protection Agency and P.A.C.E. Field Services, a
certified contractor in Evansville, spent most of Friday taking
samples at the school. As the testing was completed, clean up
began and continued through the night.  A One Call notification
was placed after 8 p.m. Saturday night to inform South Heights
staff and parents that classes would be in session Monday.

ASBESTOS UPDATE: NJ City Used Inmates for Asbestos Work
Joe Malinconico, writing for PatersonPress.com, reports that the
Passaic County Sheriff's Office is investigating Paterson (N.J.)'s
use of an inmate work crew on a municipal office renovation
project in which asbestos was found.

Sheriff Richard Berdnik was "surprised, disappointed and upset"
when he learned that inmates whom his department provided to
Paterson through the Sheriff's Labor Assistance Program (SLAP)
were assigned to work at offices at 133 Ellison Street where
asbestos was being handled, said his spokesman, William Maer.
"Under no circumstances would we have potentially exposed or would
we have allowed any SLAP inmates to be assigned work around any
potentially hazardous material," said Maer.

Three departments of state government -- health, labor and
community affairs -- already are conducting their own inquiries of
Paterson's handling of the asbestos.

Paterson Public Works Director Christopher Coke said 15 air
samples taken at the site came back negative as did tests on dust
at the location. The asbestos, he said, was contained in floor
tiles that were removed from a second-floor office that was being
renovated. Coke said tests of the tiles turned up low levels of
the type of asbestos that normally does not break up into small
air-borne fibers.

Several municipal employees were working at the site, in addition
to the SLAP inmates, Coke said. "The inmates were not exposed to
any greater danger than the DPW employees who worked there,'' Coke
said. "They did not conduct any work that would have resulted in
the release of asbestos fibers.''

The inmates primarily carried debris from the offices, Coke said.

The role of the SLAP inmates on the project was brought to light
by city activist David Gilmore on his "Let's Save Paterson"
Facebook page.  Gilmore has said the city duped the sheriff's
department into putting the inmates in danger. Gilmore has accused
city officials of violating state and federal regulations
regarding the handling of asbestos.

Maer declined to provide details on how many inmates were assigned
to the project and how long and when they worked there. SLAP
provides people convicted of non-violent offenses with an
alternative to incarceration. They must report daily to the jail
and are sent to perform community service projects around the
county under the supervision of a corrections officer. The inmates
must pay $8 per day to participate in the program.

Coke said the inmates were given protective gloves and masks while
they worked at the offices. Coke said he does not recall whether
any of the inmates donned protective suits that were available to
workers at the site.

Even if protective equipment were provided, Maer said the sheriff
would not have allowed the SLAP inmates to work at the site had he
known there was asbestos.

The renovations on the offices started in early fall and came to a
halt in December after the asbestos was discovered. It's not clear
how long the work continued after the asbestos was found. Workers
removed some of the asbestos tiles from the building and took them
in a dumpster to a city yard on Montgomery Street. Other asbestos
tiles remain in the office, which has been sealed off, Coke said.

The president of the union that represents the public works
employees who handled the asbestos has not responded to
PatersonPress.com's request for his comment on the situation.

The city likely will retain a contractor with expertise in
handling asbestos to get rid of the rest of the tiles, Coke said.

ASBESTOS UPDATE: Fibro Raises Cost of Warwick Building Work
The Warwick Courier (UK) reports that asbestos found in the
basement of the town council offices in Jury Street, Warwick,
means the bill for renovation has shot up by an extra GBP120,000.

A seam of asbestos laid around pipework sometime during the 1930s
was discovered as part of the GBP880,000 refurbishment of the
eighteenth-century original court house while trying to install a
lift. Architects have now decreed that as well as removing the
potentially dangerous material, the whole building needs
underpinning.  Work in the basement has stopped temporarily.  It
has also been discovered that a new floor will need to be laid in
the top floor ballroom.  Extra money has been provided by way of
loans from district reserves. But the date for completion of all
the work has now moved back from the end of May to sometime in



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