/raid1/www/Hosts/bankrupt/CAR_Public/131220.mbx              C L A S S   A C T I O N   R E P O R T E R

            Friday, December 20, 2013, Vol. 15, No. 252


201 PARKWAY: Sued by Doormen Over Unpaid Overtime Compensation
ADVANTAGE HEALTH: Recalls Organic Traditions Chocolates
AMARIN CORP: Faces "Sklar" Securities Class Suit in New Jersey
AMAZON.COM INC: Removes "Pavuk" Class Suit to M.D. Pa.
AMERICAN COLLECTION: Violates Fair Debt Collection Act, Suit Says

AMERELLA/RUNNORTH: Recalls Kitty Nunu Blankets and Hat/Booties
APPLEBEE'S: Judge Enforces Arbitration Clause in Class Action
ASIANA AIRLINES: Discovery in July Crash Lawsuits Set to Begin
AURORA IMPORTING: Recalls Corn Gnocchi Due to Undeclared Gluten
BRANCH BANKING: Removes "Rudd" Suit to N.D. Ala.

BUFFETS INC: Removes "Walter" FLSA Violation Suit to S. Carolina
CANADIAN TIRE: Recalls Mastercraft Multimeter Kit
CAPITAL ONE: Mayer Brown Discusses Class Action Ruling
CAPITAL MANAGEMENT: Attempts to Collect Alleged Debts, Class Says
CBE GROUP: Violates Fair Debt Collection Practices Act, Suit Says

CHRYSLER GROUP: Recalls 1,424 Trucks Due to Transmission Failure
COMCARE: Helen Polley Staff Members Mull Bullying Class Action
COMEAU'S SEA: Recalls Salmon Products Due to Undeclared Mustard
CROSSLANDS CORPORATE: Accused of Employing Illegal Pay Practices
CROWN BOLT: Sued by Assistant Support Project Managers in N.Y.

DORSEY MARKETING: Recalls Carnaby Sweet Brand Candies
FAIRFAX COUNTY, VA: Fire Captains Seek Back Pay & Unpaid Overtime
FRESH ADVANCEMENTS: Recalls Certain Organic Girl Green Onions
GLOBAL CREDIT: "Mendelsohn" Suit Alleges Violations of FDCPA
HARVARD COLLECTION: Accused of Violating Fair Debt Collection Act

ISLAND'S END: N.Y. Class Seeks to Recover Overtime Compensation
LUMBER LIQUIDATORS: Faces Class Action Over Chinese Wood Flooring
LUMBER LIQUIDATORS: Glancy Binkow Files Securities Class Action
MERCANTILE BANK: Faces Minority Discrimination Class Action
MICRON TECHNOLOGY: Pays in Full $67M Accord in Price-Fixing Suit

MICRON TECHNOLOGY: Settled DRAM Price-Fixing Lawsuits in Canada
MUELLER INDUSTRIES: Settlement Okayed in Extruded Metals Suit
PRESSLER & PRESSLER: Accused of Violating FDCPA in New Jersey
PROCTER & GAMBLE: Judge Trims Pringles Trans Fat Labeling Suit
SOUTHEAST SUPREME: Class Seeks to Recover Unpaid Back Wages

STEVEN COHEN: Accused of Violating Fair Debt Collection Act
TOYOTA MOTOR: Attorney Asks Judge to Establish Settlement Process
UNITED STATES: NSA Surveillance Likely Violates Privacy Rights
YOUR FITNESS DISH: Quinola Quinoa Granola Recalled Over Allergen

* Mintz Levin Discusses Food Mislabeling Class Action Rulings
* Morrison Ruling to Cause Uptick in Securities Suits in Australia
* Recent Class Actions Cast Spotlight on GINA Privacy Laws

                        Asbestos Litigation

ASBESTOS UPDATE: Lonza's Conalco Files to Deal with Asbestos Suits
ASBESTOS UPDATE: Specialty Products Judge Could Rethink Deadline
ASBESTOS UPDATE: Mo. Solons To Limit Medical Malpractice Suits
ASBESTOS UPDATE: AK Steel Workers Can Sue Over Mesothelioma
ASBESTOS UPDATE: Magnetek Inc. Continues to Defend PI Suits

ASBESTOS UPDATE: American Locker Continues to Defend 32 Cases
ASBESTOS UPDATE: Metropolitan Life Continues to Defend PI Suits
ASBESTOS UPDATE: Park-Ohio Industries Continues to Defend Suits
ASBESTOS UPDATE: Administrative Suit v. EEI Unit Remains Pending
ASBESTOS UPDATE: Tyco Records Loss Related to Yarway Ch. 11

ASBESTOS UPDATE: IntriCon Continues to Defend Exposure Suits
ASBESTOS UPDATE: NY Court Allows Joint Trial for 10 PI Cases
ASBESTOS UPDATE: NY Court Partly Junks PI Suit v. Islanders
ASBESTOS UPDATE: Calif. Court Affirms Order Dismissing "Hill" Suit
ASBESTOS UPDATE: "McKay" Suit v. ConEdison to Proceed to Trial

ASBESTOS UPDATE: Texas Court Junks Principal's Whistleblower Suit
ASBESTOS UPDATE: "Clayton" Suit Remanded to NY State Court
ASBESTOS UPDATE: "Perry" Suit v. Railroad Friction Products Nixed
ASBESTOS UPDATE: Ford Summary Judgment Bid in "Barawa" Suit Denied
ASBESTOS UPDATE: Calif. Inmate's Suit Continues v. Supervisors

ASBESTOS UPDATE: "Fuhrman" PI Suit Remanded to Calif. Court
ASBESTOS UPDATE: Fibro Taking a Toll on Firefighters, Study Says
ASBESTOS UPDATE: Fibro Testing, Removal Planned for High School
ASBESTOS UPDATE: MP Highlights Case of Fibro Killing Family
ASBESTOS UPDATE: MDL Court Awards Summary Judgment to 3 Companies

ASBESTOS UPDATE: 2nd Geologist Confirms Fibro at Proposed Mine
ASBESTOS UPDATE: Probe Conducted After Fibro Scare at Bechtel Site
ASBESTOS UPDATE: RFPC Dismissed From Suit, Claims Preempted by LIA
ASBESTOS UPDATE: Family Faces Eviction From Fibro-Infested Home
ASBESTOS UPDATE: New Hope for Ill Workers After UK Gov't U-Turn

ASBESTOS UPDATE: Northern Sun Completes Timmins Site Remediation
ASBESTOS UPDATE: Fibro Victim's "Second Wave" Fear
ASBESTOS UPDATE: UK Teacher's Death Prompts Fibro Warning
ASBESTOS UPDATE: Lead Paint, Fibro Found in Dawson City Bank
ASBESTOS UPDATE: Lawyers Hail UK Government Rejection of Reforms

ASBESTOS UPDATE: Mernda Cleanup Begins After Fibro Contamination
ASBESTOS UPDATE: Advocacy Group Calling on Pay for N.L. Miners
ASBESTOS UPDATE: Demolition Work Agreed for Ilfracombe Bus Station
ASBESTOS UPDATE: Deadly Dust Found Outside Blackpool School
ASBESTOS UPDATE: GTAC Says Toxic Dust Merely Issues in Media

ASBESTOS UPDATE: UK Court to Rule on NHS Treatment Cost Recovery
ASBESTOS UPDATE: Residents Say They Were Not Told About Removal
ASBESTOS UPDATE: Warning Issued to Schools After Safety Errors
ASBESTOS UPDATE: Kent Cigarettes Contributed to Man's Mesothelioma
ASBESTOS UPDATE: Pa. Man Receives $2.3MM Award in Mass Tort Case

ASBESTOS UPDATE: Derelict Fibro Shacks to Come Down
ASBESTOS UPDATE: Petition Aims to Build Mesothelioma Program
ASBESTOS UPDATE: Calif. Court Rejects BorgWarner's Motions
ASBESTOS UPDATE: Air Pollution Permit Not Needed for Mine
ASBESTOS UPDATE: Solon's Suit Makes Second Wave of Fibro Claims

ASBESTOS UPDATE: Toxic Dust Troubles Binghamton Schools
ASBESTOS UPDATE: Fibro-Tainted Donated Soil Is Headache for Parish
ASBESTOS UPDATE: Special Electric Disregarded End Users, Doc Says
ASBESTOS UPDATE: Used Drilling Mud Dumped in Calif. Central Valley
ASBESTOS UPDATE: Senate Receives Bankruptcy Trust Legislation

ASBESTOS UPDATE: Calif. Court Awards Judgment to Pneumo Abex
ASBESTOS UPDATE: Daughter Launches Appeal for Dad's Colleagues


201 PARKWAY: Sued by Doormen Over Unpaid Overtime Compensation
Dwight Gibson, individually, and on behalf of all others similarly
situated v. 201 Parkway Associates, LP and Mitchell Fine, as
General Partner, Case No. 1:13-cv-06091-SJ-CLP (E.D.N.Y.,
November 1, 2013) seeks to recover overtime compensation for the
Plaintiff and his similarly situated co-workers, who are doormen
and who have been employed by the Company in the state of New

201 Parkway Associates, LP is a New York limited liability company
headquartered in Brooklyn, New York.  Mitchell Fine is either the
sole or the majority shareholder of the Company.

The Plaintiff is represented by:

          Donald J. Cayea, Esq.
          150 Motor Parkway, Suite 401
          Hauppauge, NY 11788
          Telephone: (646) 824-7000
          E-mail: cayea@aol.com

ADVANTAGE HEALTH: Recalls Organic Traditions Chocolates
Starting date:            December 10, 2013
Type of communication:    Recall
Alert sub-type:           Updated Food Recall Warning (Allergen)
Subcategory:              Allergen - Milk
Hazard classification:    Class 1
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Advantage Health Matters Inc.
Distribution:             National
Extent of the product
distribution:             Retail
CFIA reference number:    8501

The Food Recall Warning issued on December 6, 2013 has been
updated to include additional codes.  This additional information
was identified during a food safety investigation.

Advantage Health Matters is recalling Organic Traditions brand
Dark Chocolate Hazelnuts and Dark Chocolate Almonds from the
marketplace because they contain milk which is not declared on the
label.  People with an allergy to milk should not consume the
recalled products described below.

The products that have been sold nationally include:

   -- 227 g. Dark Chocolate Hazelnuts with UPC 8 54260 00701 5;

   -- 100 g. Dark Chocolate Hazelnuts with UPC 8 54260 01400 6

   -- Sold in Bulk* Dark Chocolate Hazelnuts with no UPC;

   -- 227 g. Dark Chocolate Hazelnuts with Chili with UPC 8 54260
      00703 9;

   -- 100 g. Dark Chocolate Hazelnuts with Chili with UPC 8 54260
      01450 1;

   -- Sold in Bulk* Dark Chocolate Hazelnuts with Chili;

   -- 227 g. Dark Chocolate Almonds with UPC 8 54260 00705 3;

   -- 100 g. Dark Chocolate Almonds with UPC 8 54260 01500 3;

   -- Sold in Bulk* Dark Chocolate Almonds;

   -- 227 g. Dark Chocolate Almonds with Chili with UPC 8 54260
      00707 7;

   -- 100 g. Dark Chocolate Almonds with Chili with UPC 8 54260
      01550 8;

   -- Sold in Bulk* Dark Chocolate Almonds with Chili

If you have an allergy to milk, do not consume the recalled
products as they may cause a serious or life-threatening reaction.

There have been no reported reactions associated with the
consumption of this product.

The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results.  The CFIA is conducting a food safety investigation,
which may lead to the recall of other products.  If other high-
risk products are recalled, the CFIA will notify the public
through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled products
from the marketplace.

AMARIN CORP: Faces "Sklar" Securities Class Suit in New Jersey
Steven Sklar, on behalf of himself and all others similarly
situated v. Amarin Corporation plc and Joseph S. Zakrzewski, Case
No. 3:13-cv-06663-FLW-TJB (D.N.J., November 1, 2013) is brought on
behalf of all persons or entities, who purchased shares of Amarin
common stock during the period July 9, 2009, through October 15,
2013, to recover damages caused by the Defendants' alleged
violations of the federal securities laws.

Amarin is a British corporation, headquartered in Dublin, Ireland,
with U.S. offices in Bedminster, New Jersey.  Amarin is a
biopharmaceutical company focused on the commercialization and
development of therapeutics to improve cardiovascular health.
Vascepa(R) (icosapent ethyl) is Amarin's first FDA-approved
product and is available in the United States by prescription.
Joseph S. Zakrzewski is the Chairman and Chief Executive Officer
of Amarin, having joined Amarin in January 2010.

The Plaintiff is represented by:

          Jeffrey W. Herrmann, Esq.
          Park 80 Plaza West - One
          Saddle Brook, NJ 07663
          Telephone: (201) 845-9600
          E-mail: jwh@njlawfirm.com

               - and -

          Robert C. Finkel, Esq.
          Lester L. Levy, Esq.
          Natalie M. Mackiel, Esq.
          845 Third Avenue, 12th Floor
          New York, NY 10022
          Telephone: (212) 759-4600
          E-mail: rfinkel@wolfpopper.com

The Defendants are represented by:

          Allison M. Wuertz, Esq.
          575 Madison Avenue
          New York, NY 10022
          Telephone: (212) 940-6675
          E-mail: allison.wuertz@kattenlaw.com

AMAZON.COM INC: Removes "Pavuk" Class Suit to M.D. Pa.
The purported class action lawsuit captioned Kelly Pavuk, on
behalf of herself and others similarly situated v. Amazon.com,
Inc., Amazon.com DEDC, LLC, and Amazon.com DEDC, Inc., Case No.
2013-11565-0, in the Pennsylvania Court of Common Pleas for
Luzerne County, was removed by the Defendants to the U.S. District
Court for the Middle District of Pennsylvania (Scranton).  The
District Court Clerk assigned Case No. 3:13-cv-02698-MEM to the

The lawsuit alleges that the Defendants failed to comply with the
requirements of the Pennsylvania Minimum Wage Act.  The Plaintiff
asserts claims on behalf of a putative class of other individuals,
who have worked for the Defendants at their Hazleton, Pennsylvania
Facility since October 3, 2010.

The Defendants jointly operate a 630,000 square foot logistics
facility located in Hazleton, Pennsylvania, where the Plaintiff

The Plaintiff is represented by:

          Todd J. O'Malley, Esq.
          O'MALLEY & LANGAN P.C.
          The O'Malley & Langan Building
          201 Franklin Avenue
          Scranton, PA 18503
          Telephone: (570) 344-2667
          Facsimile: (570) 344-6199
          E-mail: tomalley@omalleylangan.com

               - and -

          Peter D. Winebrake, Esq.
          R. Andrew Santillo, Esq.
          Twining Office Center, Suite 211
          715 Twining Rd.
          Dresher, PA 19025
          Telephone: (215) 884-2491
          Facsimile: (215) 884-2492
          E-mail: pwinebrake@winebrakelaw.com

The Defendants are represented by:

          Michael J. Puma, Esq.
          Richard G. Rosenblatt, Esq.
          1701 Market Street
          Philadelphia, PA 19103
          Telephone: (215) 963-5303
          Facsimile: (877) 432-9652
          E-mail: mpuma@morganlewis.com

AMERICAN COLLECTION: Violates Fair Debt Collection Act, Suit Says
Jessica Joseph, on behalf of herself and all other similarly
situated consumers v. American Collection Systems, Inc., doing
business as American Telecollect, Case No. 1:13-cv-06095-SLT-JO
(E.D.N.Y., November 1, 2013) alleges violations of the Fair Debt
Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com

AMERELLA/RUNNORTH: Recalls Kitty Nunu Blankets and Hat/Booties
Starting date:            December 11, 2013
Posting date:             December 11, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Children's Products
Source of recall:         Health Canada
Issue:                    Choking Hazard
Audience:                 General Public
Identification number:    RA-37163

Affected products: Pink soft touch Kitty Nunu with blanket
(100% Baby) and Hat/Booties (100% Baby)

The recall involves Pink soft touch Kitty Nunu with blanket and
Hat/Booties with the Giant Tiger Brand 100% Baby.

Styles and serial numbers included in the recall:

   Style        Serial number    Name/Description
   2133185      656438           Pink soft touch Kitty Nunu with
                                 Blanket/ The blanket is pink and
                                 at one of the corners, there is a
                                 small stuffed cat with a bow on
                                 one of the ears

   2133180      660676           Hat/Booties The hat/booties are
                                 pink with a cat design and on one
                                 of the ears there is a bow

When pulling on the bow it can be detached from the ear, releasing
a small part which can pose a choking hazard to small children.

The company has received one report of an incident, where the bow
was detached from the ear.  No injuries have been reported.

For some tips to help consumers choose safe toys and to help them
keep children safe when they play with toys, see General toy
safety tips.

Approximately 1060 units of the pink soft touch Kitty Nunu with
blanket (100% baby) and 1524 units of the Hat/Booties (100% Baby)
have been sold in Canada at various Giant Tiger locations.

The recalled products were manufactured in China and sold from
October to November 2013.


   Distributor     RunNorth/ Division of Amerella of Canada Ltd.
                   Ville Mont Royal

Consumers should immediately stop using the recalled products and
return them to where they were purchased.

APPLEBEE'S: Judge Enforces Arbitration Clause in Class Action
Saranac Hale Spencer, writing for The Legal Intelligencer, reports
that despite expressing serious reservations, a federal judge in
Philadelphia has enforced an arbitration clause between an
employee and Applebee's, foreclosing the waiter from bringing his
claim as a class action.

U.S. District Senior Judge Berle Schiller of the Eastern District
of Pennsylvania said he is bound by precedent to enforce the
arbitration agreement.

In his opinion, however, Judge Schiller agreed with the plaintiff
that the contract requiring him to resolve any claims he has
against Applebee's by himself, not as a class, through
arbitration, not the courts, was unfairly stacked against him.

"This current state of legal affairs is lamentable," Judge
Schiller said.  "Workers of Applebee's, as part of their desire to
work, signed away their rights to bring a multitude of claims in
court.  Employers such as Applebee's hold all of the cards here;
Applebee's can easily inform prospective applicants that if they
do not like the terms of the deal, the applicants can just try to
work in a different neighborhood.  Its workers must therefore chew
on a distasteful dilemma -- give up certain rights or give up the

Signing the contract agreeing to arbitrate their claims is a
condition for being hired, according to the opinion, captioned
Walton v. The Rose Group.  The Rose Group is a Pennsylvania
management company that owns 39 Applebee's restaurants in the
state.  It required Charles Walton to sign a binding arbitration
agreement, as it does with all of the people it hires to work in
those restaurants.

Mr. Walton has now alleged that the company's practice of paying
wait staff below minimum wage because they earn tips, but
requiring those workers to also perform duties for which they
can't earn tips is a violation of the Fair Labor Standards Act and
the Pennsylvania Minimum Wage Act.  Mr. Walton had wanted to bring
the case as a class action.

Applebee's, though, moved to stay the litigation and compel
arbitration with Walton alone, not with a class -- Mr. Walton had
agreed to waive his right to bring a class action when he signed
the arbitration contract.  Judge Schiller granted the request.

"The increasing frequency with which these arbitration clauses and
class action waivers are employed is unfortunate, and in many
situations, unjust," Judge Schiller said.  "There is a reason that
arbitration is the favored venue of many businesses for deciding
employment disputes, and it is not to ensure that employees are
afforded the best chance to have their claims adjudicated by a
judge or jury picked from the community.  This court, however, is
not at liberty to ignore the decisions of the United States
Supreme Court and the Third Circuit Court of Appeals."

Judge Schiller cited four cases -- the U.S. Supreme Court's 2011
case AT&T Mobility v. Concepcion, which killed a California rule
that wouldn't recognize class action waivers if they were included
in lopsided arbitration agreements, and the U.S. Court of Appeals
for the Third Circuit's opinion in Quilloin v. Tenet HealthSystem
that came the following year and was based on Concepcion.

The judge also cited the U.S. Supreme Court's affirmation of class
action waivers, made earlier this year in American Express v.
Italian Colors Restaurant, in which the court rejected the
argument that it would be cost-prohibitive for the merchants who
were seeking to sue American Express as a class to arbitrate on an
individual basis.

Judge Schiller also cited to the U.S. Supreme Court's 1991 opinion
in Gilmer v. Interstate/Johnson Lane that established that the
Federal Arbitration Act requires courts to compel arbitration
where an arbitration clause has been signed.

"Viewed collectively, Concepcion, ItalianColors, Gilmer, and
Quilloin point this court to one conclusion: The collective action
waivers of the FLSA are not substantively unconscionable here,"
Schiller said.

The judge had found, however, that the arbitration clause was
procedurally unconscionable.  But in order for an arbitration
agreement to be unenforceable, it must be both procedurally and
substantively unconscionable, he said.

The major contributors to the finding that the contract was
procedurally unconscionable was that it was presented by
Applebee's as a "take-it-or-leave-it proposal," meaning that
Mr. Walton wouldn't have a job that he needed if he didn't sign
the contract, and that the two parties to the contract were not on
equal footing.

"On one side is The Rose Group, a restaurant management behemoth,
ready to devour the college dropout desperately in need of a job,"
Judge Schiller said.

Even so, Mr. Walton didn't have to give up anything by agreeing to
arbitrate his claims instead of litigating them until the waiver
of the class action component, Judge Schiller said.

"Most of the time, the employer/employee relationship is a
fruitful, congenial one, without incident," Judge Schiller said.
"Employees do their work and cash their checks.  Employers
maintain decent working conditions and, they hope, run a
successful business.

"Moreover, when an incident does arise, it is often settled before
resorting to an adversarial process.  But there exist
circumstances when the issues are too complicated, the parties are
too upset, or too much is at stake -- in other words, when it
really matters -- when a judge and jury need to step in.
Unfortunately, mandatory individual arbitration often steps in to
close the courtroom to those individuals who need to use the

ASIANA AIRLINES: Discovery in July Crash Lawsuits Set to Begin
Amanda Bronstad, writing for The National Law Journal, reports
that discovery is set to begin in nearly 50 lawsuits over last
summer's Asiana Airlines Inc. crash after a judicial panel
coordinated them for pretrial purposes before a federal judge in
San Francisco.

The July 6 crash of Flight 214 while landing at San Francisco
International Airport killed three people and injured about 180.
The U.S. Judicial Panel on Multidistrict Litigation on Dec. 13
ordered the cases, filed against both Asiana and The Boeing Co.,
which manufactured the 777 aircraft, coordinated before U.S.
District Judge Yvonne Gonzalez Rogers.

The MDL Panel acted following a hearing on Dec. 5 in Las Vegas.
Boeing, Asiana Airlines and most of the plaintiffs attorneys with
cases in San Francisco supported coordination before Judge Rogers,
who is hearing a large number of the actions, while lawyers with
cases in the Northern District of Illinois, home to Boeing's
Chicago headquarters, opposed the move.

On Nov. 4, Judge Rogers stayed discovery until the MDL panel could
decide whether to coordinate.  But she denied a request from
Asiana to limit discovery until the National Transportation Safety
Board completes its investigation.

"Since plaintiffs cannot rely on the NTSB's probable cause
finding, or any hearsay portions of its report, there is no reason
to delay discovery until it completes its work," said Ronald L. M.
Goldman -- RGoldman@BaumHedlundLaw.com -- a partner at Baum,
Hedlund, Aristei & Goldman, in a prepared statement.  His firm
filed nine lawsuits on Nov. 27 on behalf of 14 injured passengers.
"The victims who suffered deserve our prompt investigation and
preparation of their cases."

During a Dec. 11 hearing before the NTSB, Flight 214's pilot,
Capt. Lee Kang Kuk, told investigators that he worried about
making a visual landing while an automated navigation aid was out
of service at San Francisco's airport.

Following the hearing, Asiana issued a prepared statement: "This
hearing was an important part of the investigation into the causes
of this tragic accident.  By examining and analyzing all the
facts, the NTSB will undoubtedly help the aviation community learn
from the incident."

The suits, filed on behalf of injured passengers of Flight 214,
claim that Asiana's flight crew was negligent -- and that Boeing
was responsible for a defective warning system and automatic
throttle that failed to alert pilots of the aircraft's decreasing
speed during landing.  Boeing and Asiana have denied the

Meanwhile, on Dec. 16, U.S. District Judge Harry Leinenweber of
the Northern District of Illinois remanded eight cases against
Boeing to Cook County, Ill., Circuit Court.  Citing "difficult
jurisdictional questions," Judge Leinenweber rejected Boeing's
argument that the cases should remain in federal court under U.S.
admiralty and federal officer jurisdiction.  "In this case, the
tort was neither inevitable while the plane was over water nor
completed when the plane was over water," he wrote.

The ruling could make the MDL Panel's coordination order moot,
said Michael Krzak -- MSK@CliffordLaw.com -- a partner at Clifford
Law Offices in Chicago, which filed most of the Illinois cases.

"Since they're remanded, there truly should be no MDL because
there's not cases pending in multiple federal districts," he said.
His firm plans to file a notice to Rogers about Judge
Leinenweber's ruling.  Without an MDL, he said, the cases could
proceed toward discovery together on liability issues but
separately on damages.

AURORA IMPORTING: Recalls Corn Gnocchi Due to Undeclared Gluten
Starting date:            December 9, 2013
Type of communication:    Recall
Alert sub-type:           Food Recall Warning (Allergen)
Subcategory:              Allergen - Gluten
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Aurora Importing & Distributing Ltd.
Distribution:             Possibly National, Ontario, British
                          Columbia, Alberta, Quebec, Manitoba
Extent of the product
distribution:             Retail
CFIA reference number:    8497

Affected products:

   -- 500 g. Aurora Corn Gnocchi with UPC 0 61659 01811 2

Aurora Importing & Distributing Ltd. is recalling Aurora brand
Corn Gnocchi because it may contain gluten which is not declared
on the label.  People with sensitivities to gluten should not
consume the recalled product.

If you have sensitivities to gluten, do not consume the recalled
product as it may cause a serious reaction.

There has been one reported reaction associated with the
consumption of this product.

The recall was triggered by Canadian Food Inspection Agency (CFIA)
test results.  The CFIA is conducting a food safety investigation,
which may lead to the recall of other products.  If other high-
risk products are recalled, the CFIA will notify the public
through updated Food Recall Warnings.

The CFIA is verifying that industry is removing recalled products
from the marketplace.

BRANCH BANKING: Removes "Rudd" Suit to N.D. Ala.
Wells Fargo Bank, N.A. removed the purported class action lawsuit
styled Rudd, et al. v. Branch Banking & Trust Company, et al.,
Case No. 01-CV-2013-903964, from the Circuit Court of Jefferson
County, Alabama, to the United States District Court for the
Northern District of Alabama, Southern Division, with the consent
of the Co-Defendant identified in the complaint as either Branch
Banking and Trust Company or BB&T Corporation, who also joins in
the removal.  The District Court Clerk assigned Case No. 2:13-cv-
02016-JEO to the proceeding.

Plaintiffs Katherine M. Rudd and Tiffany Rudd Atkinson claim to be
co-trustees of the J.W. Goodwin and Virginia M. Goodwin
Grandchildren's Trust and purport to set forth claims for breach
of fiduciary duty, breach of contract, negligence, willful or
wantonness, misrepresentation, and suppression based upon BB&T's
alleged co-trusteeship of the so-called Joy Goodwin Adams
Irrevocable Trust dated January 2, 1987, and of the Joy Goodwin
Adams Irrevocable Trust dated July 19, 1989, and upon Wells
Fargo's alleged co-trusteeship of the Shares Trust and of the J.W.
Goodwin Marital Trust f/b/o Virginia M. Goodwin created under the
Last Will and Testament of J.W. Goodwin.

BB&T is a North Carolina corporation headquartered in Winston-
Salem, North Carolina.  Wells Fargo is a national banking
association and has designated Sioux Falls, South Dakota, as its
main office in its articles of association.

The Plaintiffs are represented by:

          Annemarie C. Axon, Esq.
          Oscar M. Price, III, Esq.
          Wesley Kyle Winborn, Esq.
          800 Shades Creek Parkway, Suite 400
          Birmingham, AL 35209
          Telephone: (205) 870-0555
          Facsimile: (205) 871-7534
          E-mail: aaxon@wallacejordan.com

The Defendants are represented by:

          Larry B. Childs, Esq.
          Michael A. Fant, Jr., Esq.
          AmSouth Harbert Plaza, Suite 1400
          1901 Sixth Avenue North
          Birmingham, AL 35203
          Telephone: (205) 214-6380
          Facsimile: (205) 214-8787
          E-mail: larry.childs@wallerlaw.com

               - and -

          Devin Clarke Dolive, Esq.
          Victor L. Hayslip, Esq.
          William J. Long, IV, Esq.
          BURR & FORMAN LLP
          420 North 20th Street, Suite 3400
          Birmingham, AL 35203
          Telephone: (205) 251-3000
          Facsimile: (205) 458-5100
          E-mail: ddolive@burr.com

BUFFETS INC: Removes "Walter" FLSA Violation Suit to S. Carolina
Lynn Walter, Lynn Brown, Kathlene Abston, individually and on
behalf all others similarly situated v. Buffets, Inc. d/b/a Home
Town Buffets, Ryan's, Old Country Buffet, Fire Mountain, Country
Buffet, Case No. 13-cv-02860 PAM-SER (D. Minn.) alleges violations
of the Fair Labor Standards Act and the wage-and-hour laws of Ohio
by failing to pay its employees proper minimum and overtime wages.

The Plaintiffs contend that these violations arise out of Buffets,
Inc.'s company-wide policies, and pattern or practice of violating
wage-and-hour laws.

Buffets, Inc. is a privately held company with headquarters
located in Eagan, Minnesota.  Buffets, Inc. is the largest
operator of buffet-style eateries in the US, with more than 400
locations in almost 40 states.  The Company operates under the
names HomeTown Buffet, Old Country Buffet, Ryan's Grill Buffet,
Fire Mountain, and Country Buffet.  The restaurants offer self-
service buffets featuring entrees, sides, and desserts for an all-
inclusive price.

The Company removed the lawsuit on November 1, 2013, from the U.S.
District Court for the District of Minnesota to the U.S. District
Court for the District of South Carolina (Greenville).  The South
Carolina District Court Clerk assigned Case No. 6:13-cv-02995-JMC
to the proceeding.

The Plaintiffs are represented by:

          Rachhana T. Srey, Esq.
          4600 IDS Center, 80 S. 8th St.
          Minneapolis, MN 55402
          Telephone: (612) 256-3200
          Facsimile: (612) 215-6870
          E-mail: srey@nka.com

               - and -

          David A. Young, Esq.
          The Hoyt Block Building
          700 West St. Clair Avenue, Suite 316
          Cleveland, Ohio 44113
          Telephone: (216) 621-5100
          Facsimile: (216) 621-7810
          E-mail: dyoung@davidyounglaw.com

               - and -

          Michael J.D. Sweeney, Esq.
          9 Paradies Lane
          New Paltz, NY 12561
          Telephone: (845) 255-9370
          Facsimile: (845) 255-8649
          E-mail: msweeney@getmansweeney.com

               - and -

          Brian Matthew Lysell, Esq.
          PO Box 1390
          Columbia, SC 29202-1390
          Telephone: (803) 404-6900
          Facsimile: (843) 404-6901
          E-mail: brianlysell@callisontighe.com

The Defendant is represented by:

          D. Michael Henthorne, Esq.
          1201 Main Street, Suite 1930
          Columbia, SC 29201
          Telephone: (803) 231-2414
          Facsimile: (803) 753-9875
          E-mail: mhenthorne@littler.com

               - and -

          Jacob John Modla, Esq.
          100 N Tryon Street, Suite 4150
          Charlotte, NC 28202
          Telephone: (704) 972-7000
          Facsimile: (704) 973-9535
          E-mail: jmodla@littler.com

               - and -

          Jeffrey A. Timmerman, Esq.
          80 S 8th St., Suite 1300
          Minneapolis, MN 55402-2136
          Telephone: (612) 313-7610
          Facsimile: (612) 630-9626
          E-mail: jtimmerman@littler.com

               - and -

          Tracy Stott Pyles, Esq.
          21 East State Street, Suite 1600
          Columbus, OH 43215
          Telephone: (614) 463-4201
          Facsimile: (614) 573-9803
          E-mail: tpyles@littler.com

CANADIAN TIRE: Recalls Mastercraft Multimeter Kit
Starting date:            December 11, 2013
Posting date:             December 11, 2013
Type of communication:    Consumer Product Recall
Subcategory:              Electronics
Source of recall:         Health Canada
Issue:                    Suspected quality concern
Audience:                 General Public
Identification number:    RA-37127

Affected products: Mastercraft Multimeter Kit

The voluntary recall involves the Mastercraft Multimeter Kit
identified by product number 52-0727.  The affected multimeter kit
includes a digital multimeter, non-contact voltage detector,
socket tester, and test leads.

This product is being voluntarily recalled as a precautionary
measure due to concerns that the unit may not accurately detect
voltage levels, posing a potential safety concern.

Neither Health Canada nor Canadian Tire has received any reports
of injury related to the use of this product.

Approximately 8,835 units of the recalled multimeter kits were
sold at Canadian Tire stores across Canada.

The recalled multimeter kits were manufactured in China and sold
from June 2013 to November 2013.


   Distributor     Canadian Tire Corporation, Limited

Consumers should stop using the affected multimeter immediately
and return it to their local Canadian Tire store for a refund.

CAPITAL ONE: Mayer Brown Discusses Class Action Ruling
Kevin S. Ranlett, Esq. -- kranlett@mayerbrown.com -- at Mayer
Brown reports that one of the more alarming recent developments in
the class-action arena is the increase in actions by state
attorneys general that mirror private class actions.  These state
AG actions aren't like the typical enforcement action, in which
the government pursues claims for civil penalties that are
distinct from the relief sought in the private class action.
Instead, these are copycat actions in every sense of the word.
The state AG seeks restitution or disgorgement that is equivalent
to the remedies requested in the private class action.  And
increasingly, the state AG is handing over the reins entirely to
class-action plaintiffs' lawyers, who sometimes get to call
themselves "special assistant state attorneys general" -- and
usually get a big chunk of the ultimate recovery.

Mayer Brown has written before about this new breed of parens
patriae action.  But the firm wanted to focus on a different
problem, which several Justices of the Supreme Court asked about
during oral argument in Mississippi ex rel. Hood v. AU Optronics
Corp. Specifically, the defendants targeted by these suits are
being asked to pay damages twice for a single injury:

JUSTICE GINSBURG: But now we have the consumers who were affected,
they've already been paid [in the settlement of the private class
action]. So how does it work for the Attorney General's suit? What
is the impact of the class action that has already gone forward
and been completed on the Attorney General's claim?

CHIEF JUSTICE ROBERTS: What prevents attorneys general from around
the country sitting back and waiting as private class actions
proceed, and as soon as one settles or the plaintiffs' class
prevails, taking the same complaint, maybe even hiring the same
lawyers, to go and say, well, now we are going to bring our parens
patriae action.  We know how the trial is going to work out or we
know what the settlement is going to look like, and we are going
to get the same amount of money for the State?

When asked about the fairness of this one-two punch, the lawyer
for the Mississippi AG punted, suggesting that it is a matter of
state law whether the judgment in the consumer class action could
preclude a double recovery in the parens patriae action.

But that cannot be the whole picture.  There are strong arguments
that principles of federal due process forbid states from
authorizing that kind of double dipping by removing well-
established claim preclusion (res judicata) protections.

Those principles may also inform how state law approaches the
question.  Indeed, such arguments recently were successful in New
Mexico ex rel. King v. Capital One Bank (USA) N.A.

In that case, the New Mexico AG sought (among other things)
restitution for New Mexico consumers who had subscribed to the
defendant's payment-protection plans.  Yet the defendant had
already reached a nationwide class settlement that resolved
privately brought consumer-protection claims seeking restitution
for the amounts New Mexico consumers had paid for these plans.

The district court agreed that the New Mexico AG's claims for
restitution were barred by res judicata under state law.  The
court first pointed out that the prior class settlement expressly
discharged the claims of "all those who claim through [the class
members] or who assert claims on their behalf (including the
government in its capacity as parens patriae)."

The court next concluded that the claims in the current suit
undoubtedly arose out of the same transaction or occurrence as the
previously settled claims, and that the New Mexico AG was in
privity with the class in the earlier private class action because
both sought to remedy the same injury to the same group of people.
Finally, the court added that "as a policy matter, the class
members should not be allowed to receive 'double recovery.'"

Mr. Ranlett said "Naturally, we think that the district court got
it right.  It remains to be seen whether the Tenth Circuit and
district courts elsewhere will agree.  Given the significance of
this issue, we will keep our eyes open for future cases raising it
and report on them."

CAPITAL MANAGEMENT: Attempts to Collect Alleged Debts, Class Says
Michael Beeh, on behalf of himself and all others similarly
situated v. Capital Management Services, LP and LVNV Funding, LLC,
Case No. 3:13-cv-06666-JAP-DEA (D.N.J., November 1, 2013) is
brought to secure redress for the alleged illegal practices of the
Defendants, who used deceptive, misleading, and other illegal
practices, in connection with their attempts to collect alleged
debts from the Plaintiff and others, in violations of the Fair
Debt Collection Practices Act.

Headquartered in Buffalo, New York, Capital Management Services,
LP, is a limited partnership regularly engaged in the business of
collecting debts in New Jersey.  LVNV Funding, LLC, headquartered
in Greenville, South Carolina, is a limited liability company
engaged in the business of collecting debts in New Jersey.  LVNV
is a purchaser of defaulted debt.  The Defendants regularly
collects or attempts to collect, directly or indirectly, debts
owed or due or asserted to be owed or due another.

The Plaintiff is represented by:

          Ryan Gentile, Esq.
          147 West 35th Street, Suite 1008
          New York, NY 10001
          Telephone: (201) 873-7675
          Facsimile: (212) 675-4367
          E-mail: rlg@lawgmf.com

CBE GROUP: Violates Fair Debt Collection Practices Act, Suit Says
Joel Rosenzweig, on behalf of himself and all other similarly
situated consumers v. The CBE Group, Inc., Case No. 1:13-cv-06086-
FB-MDG (E.D.N.Y., November 1, 2013) alleges violations of the Fair
Debt Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com

CHRYSLER GROUP: Recalls 1,424 Trucks Due to Transmission Failure
Starting date:            December 6, 2013
Type of communication:    Recall
Subcategory:              Car, Light Truck & Van
Notification type:        Safety Mfr
System:                   Powertrain
Units affected:           1424
Source of recall:         Transport Canada
Identification number:    2013434
TC ID number:             2013434
Manufacturer recall
number:                   N65

Affected products:

   Maker           Model          Model year(s) affected
   -----           -----          ----------------------
   DODGE           CHARGER        2013
   CHRYSLER        300            2013
   RAM             1500           2013

On certain Dodge Charger, Chrysler 300 all-wheel drive vehicles
and RAM 1500 four wheel drive vehicles equipped with 8 speed
automatic transmissions, the transmission output shaft could fail.
If this were to occur while the vehicle is being driven, it could
result in a loss of motive power.  If this were to occur while the
vehicle is parked without the parking brake applied, it could
result in unintended vehicle movement.  Both situations could
increase the risk of a crash causing injury and/or property

Dealers will replace the transmission in affected vehicles.

COMCARE: Helen Polley Staff Members Mull Bullying Class Action
Matthew Denholm, writing for The Australian, reports that a group
of current or former staff to Labor senator Helen Polley are
taking legal advice in pursuit of damages for alleged workplace
bullying and harassment, potentially via a class action.

Two current employees of the Tasmanian senator and one former
staffer have had their claims investigated by Comcare, which
confirmed in a recent report that the office of Senator Polley
provided an "unhealthy workplace culture and environment".

The Australian is aware that a fourth former staff member of
Senator Polley is also considering lodging a formal complaint
about her treatment, while other former staff have offered to act
as witnesses.

Comcare's report, in response to three complaints of workplace
bullying and harassment, found the "unhealthy workplace culture"
in Senator Polley's office had "an adverse impact on the morale,
health and wellbeing" of staff.

The Australian has learned the three staffers are taking legal
advice on options to pursue compensation for stress-related
illnesses, with a class action one avenue under consideration, and
growing interest from other former employees.

"It depends on the advice we get, but if it's appropriate to act
together in a small class action then it probably would give more
weight (to our individual claims)," former staffer Dennis
Holzberger told The Australian.

Former staff said there had been an extraordinary turnover in
Senator Polley's Launceston office.

Complaints from the staff and ex-staff include abusive,
humiliating and belittling behavior and using employees to work on
lower house election campaigns, to chase ALP membership renewals
and work on a European study leave report.

Senator Polley on Dec. 11 issued a statement saying she
"absolutely rejects" the claims.

"The recommendations outlined in Comcare's final report are being
implemented to ensure that all work, health and safety
information, policies, procedures and systems are of the highest
standard," Senator Polley said.

"I am completely committed to fostering a healthy and productive
workplace environment for my staff."

Mr. Holzberger said it was hoped the Comcare report supporting
their complaints, as well as accompanying witness statements,
would form a powerful basis for compensation, either under common
law or the federal Safety Rehabilitation and Compensation Act.  He
said he and other staff were treated "appallingly".

Complaints include that staff were overloaded with work and
ordered to complete difficult tasks that were then ignored, as
well as given unclear directions for tasks followed by unfair
criticism of the resulting work.

COMEAU'S SEA: Recalls Salmon Products Due to Undeclared Mustard
Starting date:            December 9, 2013
Type of communication:    Recall
Alert sub-type:           Allergy Alert
Subcategory:              Allergen - Mustard
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Comeau's Sea Foods Limited
Distribution:             New Brunswick, Nova Scotia, Quebec,
                          Newfoundland and Labrador, Prince Edward
Extent of the product
distribution:             Retail
CFIA reference number:    8499

Affected products:

   -- 150 g. Comeau Smoked Atlantic Salmon Twists with UPC 0 62763
      02310 8;

   -- 2.27 kg. Comeau Smoked Atlantic Salmon Twists; and

   -- 140 g. Comeau Salmon and Seafood Spread with UPC 0 62763
      02067 1

CROSSLANDS CORPORATE: Accused of Employing Illegal Pay Practices
Eray Efendigil and Samir Talbi v. Crosslands Corporate
Transportation, Inc., KLS Transportation, Inc. and Mamdouh
Elsayed, Marianne Elsayed and John Does 1-10, Case No. 1:13-cv-
06098-WFK-SMG (E.D.N.Y., November 1, 2013) is based upon the
alleged improper and illegal pay practices that are prevalent in
the private call limousine industry in New York City.

The Plaintiffs allege on behalf of themselves and other similarly
situated current and former employees, classified by the
Defendants as drivers and comparable positions with different
titles, that they are: (i) entitled to unpaid wages from the
Defendants for work for which they did not receive compensation
for all of the hours worked by them, for not getting fully
reimbursed for payment of gas and tolls, for overtime work for
which they did not receive overtime premium pay as well as
misappropriated tips and gratuities and (ii) entitled to
liquidated damages pursuant to the Fair Labor Standards Act.

Crosslands Corporate Transportation, Inc. and KLS Transportation,
Inc., are New York corporations headquartered in Long Island City,
in Queens, New York.  They own and operate limousine service
businesses.  The Individual Defendants are directors and officers
of the Corporate Defendants.

The Plaintiffs are represented by:

          John J. Palmeri, Esq.
          PALMERI & GAVEN, ESQS.
          80 Maiden Lane, Suite 505
          New York, NY 10038
          Telephone: (212) 608-1717
          Facsimile: (212) 732-0908
          E-mail: pglaw@palmeri-gaven.com

CROWN BOLT: Sued by Assistant Support Project Managers in N.Y.
Dennis Letellier, individually, and on behalf of all others
similarly situated v. Crown Bolt, Inc., 2:13-cv-06088-ADS-ARL
(E.D.N.Y., November 1, 2013) seeks to recover overtime
compensation for the Plaintiff and his similarly situated co-
workers, who are Assistant Support Project Managers, and who have
been employed by the Defendant in the state of New York.

Crown Bolt, Inc., is a foreign corporation organized in California
and is headquartered in Aliso Viejo, California.

The Plaintiff is represented by:

          Donald J. Cayea, Esq.
          150 Motor Parkway, Suite 401
          Hauppauge, NY 11788
          Telephone: (646) 824-7000
          E-mail: cayea@aol.com

DORSEY MARKETING: Recalls Carnaby Sweet Brand Candies
Starting date:            December 11, 2013
Type of communication:    Recall
Alert sub-type:           Notification
Subcategory:              Extraneous Material
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Dorsey Marketing Inc.
Distribution:             National
Extent of the product
distribution:             Retail
CFIA reference number:    8504

Affected products:

   -- 300 g. Carnaby Sweet Gummy Fingers with UPC 0 57800 85612 2;

   -- 300 g Carnaby Sweet Gummy Bones with UPC 0 57800 85613 9

FAIRFAX COUNTY, VA: Fire Captains Seek Back Pay & Unpaid Overtime
Christopher Thompson, et al. v. County Of Fairfax, VA, Case No.
1:13-cv-01362-CMH-TRJ (E.D. Va., November 1, 2013) is brought for
a declaratory judgment, back pay, liquidated damages and other
relief to remedy the Defendant's willful and unlawful violations
of federal and state law.

During the times that they have worked in excess of 40 hours in a
workweek, the Plaintiffs contend that the Defendant has failed to
provide them with the rights and protections provided under the
Fair Labor Standards Act, including overtime pay at the rate of
one and one-half times their regular rates of pay for all hours
they have worked in excess of the hourly standards set forth in
the FLSA.

The Plaintiffs have been employed by the Defendant in the position
of either Captain I or Captain II in the Fairfax County Fire and
Rescue Department.

County of Fairfax, Virginia is an employer within the meaning of
the FLSA and a public agency within the meaning of the FLSA.

The Plaintiffs are represented by:

          Gregory K. McGillivary, Esq.
          Molly A. Elkin, Esq.
          1101 Vermont, N.W., Suite 1000
          Washington, DC 20005
          Telephone: (202)833-8855
          E-mail: gkm@wmlaborlaw.com

The Defendant is represented by:

          Sona Rewari, Esq.
          Stuart Alan Raphael, Esq.
          1751 Pinnacle Dr., Suite 1700
          McLean, VA 22102
          Telephone: (703) 714-7400
          E-mail: srewari@hunton.com

FRESH ADVANCEMENTS: Recalls Certain Organic Girl Green Onions
Starting date:            December 12, 2013
Type of communication:    Recall
Alert sub-type:           Notification
Subcategory:              Microbiological - Other
Hazard classification:    Class 2
Source of recall:         Canadian Food Inspection Agency
Recalling firm:           Fresh Advancements Inc.
Distribution:             Ontario
Extent of the product
distribution:             Retail
CFIA reference number:    8513

Affected products: 1 case Organic Girl Premium organic green
onions with UPC 8 95203 00154 7

GLOBAL CREDIT: "Mendelsohn" Suit Alleges Violations of FDCPA
Heshy Mendelsohn, on behalf of himself and all other similarly
situated consumers v. Global Credit & Collection Corporation, Case
No. 1:13-cv-06081-WFK-MDG (E.D.N.Y., November 1, 2013) alleges
violations of the Fair Debt Collection Practices Act in New York.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com

HARVARD COLLECTION: Accused of Violating Fair Debt Collection Act
Joel Horowitz, on behalf of himself and all other similarly
situated consumers v. Harvard Collection Services, Inc., Case No.
1:13-cv-06087-FB-VVP (E.D.N.Y., November 1, 2013) alleges
violations of the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com

ISLAND'S END: N.Y. Class Seeks to Recover Overtime Compensation
Sally Neighly, individually, and on behalf of all others similarly
situated v. Island's End Golf and Country Club, Inc., and Nicolas
Massafarro as President, Case No. 2:13-cv-06090-JFB-GRB (E.D.N.Y.,
November 1, 2013) seeks to recover, among other things, overtime
compensation for the Plaintiff, who has been employed by the
Defendants in the state of New York.

Island's End is a New York domestic business corporation
headquartered in Greenport, New York.  Nicolas Massafarro is the
Company's president.

The Plaintiff is represented by:

          Donald J. Cayea, Esq.
          150 Motor Parkway, Suite 401
          Hauppauge, NY 11788
          Telephone: (646) 824-7000
          Facsimile: (646) 417-6800
          E-mail: cayea@aol.com

LUMBER LIQUIDATORS: Faces Class Action Over Chinese Wood Flooring
Jessica M. Karmasek, writing for Legal Newsline, reports that a
proposed class-action lawsuit filed in a Virginia federal court
last week alleges that a line of Chinese wood flooring sold by
Lumber Liquidators emits "excessive levels" of formaldehyde.

The lawsuit was filed in the U.S. District Court for the Eastern
District of Virginia on Dec. 3.  It has been assigned to Judge
Anthony J. Trenga.

"Indeed, contrary to Lumber Liquidators' repeated, detailed
representations that its flooring complies with strict
formaldehyde standards on its product labels, website, and
elsewhere, the toxic formaldehyde emissions from the company's
Chinese flooring products are multiple times the maximum
permissible limits set by those standards at the time of
purchase," plaintiffs Donnie Williamson, Melissa Stini and
Jennifer Hogencamp wrote in their 53-page complaint.

In 2011, the U.S. National Toxicology Program described
formaldehyde as "known to be a human carcinogen."  A carcinogen is
a substance or agent suspected to cause cancer.

The plaintiffs also allege that the floor is illegally sourced
through China from other countries, including Russia, threatening
"critical habitat and endangered species."

"Plaintiffs would have paid significantly less, if they purchased
Chinese flooring at all, had they known that the products were
sourced from endangered habitats and contained elevated levels of
the toxin formaldehyde," the complaint states.

The plaintiffs contend their flooring purchases -- all of which
were installed in their homes -- are now "markedly less valuable."

They are seeking damages -- for installation and removal costs,
remediation costs, restocking fees, loss of use and diminished
value -- attorneys' fees and costs, and pre-judgment and post-
judgment interest "at the highest rates allowed by law" on the
damages awarded.

LUMBER LIQUIDATORS: Glancy Binkow Files Securities Class Action
Glancy Binkow & Goldberg LLP on Dec. 10 disclosed that a class
action lawsuit has been filed in the United States District Court
for the Eastern District of Virginia on behalf of a class
comprising all purchasers of the securities of Lumber Liquidators
Holdings, Inc. LL +4.87% between February 22, 2012 and November
21, 2013, inclusive.

9224, OR AT (212) 682-5340, OR BY EMAIL TO

Lumber Liquidators operates as a specialty retailer of hardwood
flooring and hardwood flooring enhancements and accessories.  The
Complaint alleges that throughout the Class Period the Company and
certain of its executive misrepresented or failed to disclose that
certain of the Company's products failed to comply with applicable
laws and regulations governing formaldehyde emissions from
composite wood products, and that the Company imported flooring
products sourced from illegally logged wood in the Russian Far
East, in violation of the Lacey Act.

If you are a member of the Class described above, you may move the
Court no later than January 27, 2014, to serve as lead plaintiff;
however, you must meet certain legal requirements.  If you wish to
learn more about this action, or if you are a long-term
shareholder of Lumber Liquidators and have any questions
concerning this announcement or your rights or interests with
respect to these matters, please contact Louis Boyarsky, Esquire,
of Glancy Binkow & Goldberg LLP, 1925 Century Park East, Suite
2100, Los Angeles, California 90067, Toll Free at (888) 773-9224,
or contact Gregory Linkh, Esquire, of Glancy Binkow & Goldberg LLP
at 122 E. 42nd Street, Suite 2920, New York, New York 10168, at
(212) 682-5340, by e-mail to shareholders@glancylaw.com or visit
our website at http://www.glancylaw.com

If you inquire by email please include your mailing address,
telephone number and number of shares purchased.

MERCANTILE BANK: Faces Minority Discrimination Class Action
Dani Carlson, writing for WOOD, reports that 10 people have filed
a class action suit against Mercantile Bank, alleging the bank
discriminated against minority business owners.

One of the plaintiffs in the suit, Jeremiah White, told 24 Hour
News 8 unequivocally, he believed things would have been different
if he was white.  The lawsuit states as much, "Mercantile would
not have followed the same procedures or taken the same actions if
Mr. White had been white."

"One of the reasons I chose Mercantile was because they were a
community bank.  They were out of Grand Rapids, supposedly pushing
the minority community at that time, and I heard that they were
giving loans out," said Mr. White.  Mr. White told 24 Hour News 8
when he applied for the loan, he had been a Grand Rapids business
owner for 13 years, and had excellent credit.

Starting in 2008, Mr. White told 24 Hour News 8 his businesses
began to have some financial troubles.  He said before he missed a
single payment, he went to the bank to see what could be done.  He
said the bank said it couldn't do anything.

"Sad to say, it led to my building going into foreclosure," said
Mr. White.  "And it was absolutely awful."

Mr. White said he not only lost one building, he also lost his
home and other property.

Mr. White said he initially didn't think discrimination was a
possibility, but changed his mind after speaking to other members
of the minority business community.

"I couldn't help but think it was racial.  We were all black, or
some form of ethnicity, and we all were at the same bank and we
were all getting our loans called in at some form or way or
another," said Mr. White.  "So I don't buy that it wasn't racial."

The suit alleges the discrimination took place over several years,
starting in 2009.  It states Mercantile "discriminated against
Plaintiffs by engaging in a 'concerted effort' to terminate all
banking relationships with black business borrowers."

It also alleges that white borrowers were given more opportunities
to refinance or make up late payments than their minority

Ten people are now a part of the suit, which seeks $400 million in
actual and punitive damages.

The discrimination allegations were first raised in February 2013,
by a single individual.  Jordan Hoyer, attorney for the
plaintiffs, said so many people came forward with similar
complaints since then, they decided to form a class action against
the bank.

"It matters if you're treated differently because you're black
[or] because you're white," said Ms. Hoyer.  "It's about saying,
'We expect to be treated the same.  We weren't, and we want to
hold that entity accountable for letting us down cause they
weren't there.'"

When asked how she knew that white business owners didn't have
loans called in at the same rate as minority owners, Ms. Hoyer
said she wouldn't know that definitively until after the discovery
period of the case.  She said the bank would then turn over all
business loan files from all races over a period of several years.

"I'm sure that there were some [white business owners who were
foreclosed on] but [the bank] didn't target a particular group
like they did the black community and the minority community,"
said Hoyer.

Mercantile Bank would not speak to 24 Hour News 8, but did e-mail
a statement which read:

"As a matter of policy Mercantile Bank does not comment on pending
legal issues, but we are confident that this lawsuit has no merit
and intend to vigorously defend the company.  Mercantile has a
long history of providing equal opportunities to all customers in
accordance with stringent legal and regulatory standards."

The bank has 28 days to respond to the class action filing.  It
has been filed in Kent County Circuit Court.

MICRON TECHNOLOGY: Pays in Full $67M Accord in Price-Fixing Suit
By the end of the first quarter of 2013, Micron Technology, Inc.
paid into an escrow account the full amount of approximately $67
million settlement of price-fixing lawsuits filed against it,
according to the company's Oct. 28, 2013, Form 10-K filing with
the U.S. Securities and Exchange Commission for the fiscal year
ended Aug. 29, 2013.

A number of purported class action price-fixing lawsuits have been
filed against the company and other DRAM suppliers. Four cases
have been filed in the U.S. District Court for the Northern
District of California asserting claims on behalf of a purported
class of individuals and entities that indirectly purchased DRAM
and/or products containing DRAM from various DRAM suppliers during
the time period from April 1, 1999 through at least June 30, 2002.

The complaints allege a conspiracy to increase DRAM prices in
violation of federal and state antitrust laws and state unfair
competition law, and/or unjust enrichment relating to the sale and
pricing of DRAM products. The complaints seek joint and several
damages, trebled, monetary damages, restitution, costs, interest
and attorneys' fees. In addition, at least sixty-four cases have
been filed in various state courts asserting claims on behalf of a
purported class of indirect purchasers of DRAM. In July 2006, the
Attorneys General for approximately forty U.S. states and
territories filed suit in the U.S. District Court for the Northern
District of California. The complaints allege, among other things,
violations of the Sherman Act, Cartwright Act, and certain other
states' consumer protection and antitrust laws and seek joint and
several damages, trebled, as well as injunctive and other relief.

On October 3, 2008, the California Attorney General filed a
similar lawsuit in California Superior Court, purportedly on
behalf of local California government entities, alleging, among
other things, violations of the Cartwright Act and state unfair
competition law.

On June 23, 2010, the company executed a settlement agreement
resolving these purported class-action indirect purchaser cases
and the pending cases of the Attorneys General relating to alleged
DRAM price-fixing in the United States. Subject to certain
conditions, including final court approval of the class
settlements, the company agreed to pay approximately $67 million
in aggregate in three equal installments over a two-year period.
The company had paid the full amount into an escrow account by the
end of the first quarter of 2013 in accordance with the settlement

MICRON TECHNOLOGY: Settled DRAM Price-Fixing Lawsuits in Canada
Micron Technology, Inc. entered into a settlement agreement
resolving three putative class action cases filed against the
company in Quebec, Ontario, and British Columbia, Canada, alleging
price-fixing of DRAM products, according to the company's Oct. 28,
2013, Form 10-K filing with the U.S. Securities and Exchange
Commission for the fiscal year ended Aug. 29, 2013.

Three putative class action lawsuits alleging price-fixing of DRAM
products also have been filed against the company in Quebec,
Ontario, and British Columbia, Canada, on behalf of direct and
indirect purchasers, asserting violations of the Canadian
Competition Act and other common law claims (collectively the
"Canadian Cases").

The claims were initiated between December 2004 (British Columbia)
and June 2006 (Quebec). The plaintiffs seek monetary damages,
restitution, costs, and attorneys' fees. The substantive
allegations in these cases are similar to those asserted in the
DRAM antitrust cases filed in the United States.  Plaintiffs'
motion for class certification was denied in the British Columbia
and Quebec cases in May and June 2008, respectively.  Plaintiffs
subsequently filed an appeal of each of those decisions.  On
November 12, 2009, the British Columbia Court of Appeal reversed,
and on November 16, 2011, the Quebec Court of Appeal also reversed
the denial of class certification and remanded the cases for
further proceedings. On October 16, 2012, the company entered into
a settlement agreement resolving these three putative class action
cases subject to certain conditions including final court approval
of the settlement. The Company said the settlement amount did not
have a material effect on the business, results of operations or
financial condition.

MUELLER INDUSTRIES: Settlement Okayed in Extruded Metals Suit
Mueller Industries, Inc. reached a settlement that was approved by
the court in the case filed in Michigan Circuit Court by Gaylord
L. Miller, and all others similarly situated, against Extruded
Metals, Inc., according to Mueller's Oct. 28, 2013, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended Sept. 28, 2013.

A purported class action was filed in Michigan Circuit Court by
Gaylord L. Miller, and all others similarly situated, against
Extruded Metals, Inc. (Extruded) in March 2012 under nuisance,
negligence, and gross negligence theories.  It is brought on
behalf of all persons in the City of Belding, Michigan, whose
property rights have allegedly been interfered with by fallout
and/or dust and/or noxious odors, allegedly attributable to
Extruded's operations.  Plaintiffs allege that they have suffered
interference with the use and enjoyment of their properties.  They
seek compensatory and exemplary damages and injunctive relief.
The Company reached a settlement that was approved by the court on
September 26, 2013, and the case has been dismissed. The
settlement involves class-wide (the settlement class consist of
all current and former residents of Belding, Michigan) release of
certain property damage claims, certain commitments by Extruded
regarding emissions controls, and a payment of certain fees and

PRESSLER & PRESSLER: Accused of Violating FDCPA in New Jersey
Joshua J. Lechtrecker, on behalf of himself and others similarly
situated v. Pressler & Pressler, LLP a/k/a Pressler and Pressler,
LLP, Case No. 2:13-cv-06626-KM-MAH (D.N.J., November 1, 2013)
accuses the Defendant of violating the Fair Debt Collection
Practices Act by using false, deceptive and misleading
representations and means in the debt collection communications,
which the Defendant mailed to the Plaintiff and others similarly
situated in connection to its business of debt collection.

Pressler & Pressler, LLP a/k/a Pressler and Pressler, LLP, is a
law firm headquartered in Parsippany, New Jersey.  Pressler
regularly attempts to collect debts alleged to be due to another.

The Plaintiff is represented by:

          Andrew W. Li, Esq.
          1520 U.S. Highway 130, Suite 101
          North Brunswick, NJ 08902
          Telephone: (732) 545-7900
          Facsimile: (732) 545-1030
          E-mail: ali@wolflawfirm.net

               - and -

          Christopher J. McGinn, Esq.
          75 Raritan Avenue, Suite 220
          Highland Park, NJ 08904
          Telephone: (732) 937-9400
          Facsimile: (800) 931-2408
          E-mail: mcginn.chris@gmail.com

PROCTER & GAMBLE: Judge Trims Pringles Trans Fat Labeling Suit
Linda Chiem, Lance Duroni and Greg Ryan, writing for Law360,
report that a California federal judge on Dec. 10 trimmed a
proposed class action alleging Pringles chips, MorningStar riblets
and fruit snack products made by Procter & Gamble Co. and Kellogg
Co. were deceptively labeled as healthy, but left intact claims
related to Pringles' trans fat content labeling.

U.S. Magistrate Judge Paul S. Grewal partially granted motions to
dismiss from P&G and Kellogg for certain product claims, saying
the plaintiffs still have not pointed to specific evidence on
labels or claims on the companies' websites that misled consumers
about the health value of the snacks.

But the judge allowed to survive the plaintiffs' claim that the
companies violated California's Unfair Competition Law by labeling
Pringles as having "0 grams trans fat" but failing to disclose on
the label that the product contained high levels of other
ingredients that posed diet-related or other health risks.

Specifically, the plaintiffs claim that while Pringles may contain
"0 grams trans fat" as advertised, the label runs afoul of a U.S.
Food and Drug Administration regulation prohibiting such boasts
when the product also has high levels of other fats, sodium or
cholesterol and does not likewise disclose the amount of those
nutrients. They allege this unlawful conduct is all they need to
prove liability under the UCL.

"Plaintiffs here allege that the 0 grams trans fat label without
the required disclosure lead them to believe that Pringles were a
healthier alternative to other potato snacks, which is precisely
the type of misdirection that the FDA was attempting to prevent in
requiring the omitted disclosure," Judge Grewal said.

"Although the court expresses its skepticism that any reasonable
consumer could be misled by the representations identified by
plaintiffs, the Ninth Circuit has made it clear that such
questions are issues of fact and inappropriate for resolution on a
motion to dismiss," he added.

The judge rejected as defective the arguments raised by P&G and
Kellogg that the plaintiffs had no standing or that the UCL claim
was preempted by federal law.  However, the judge agreed to
dismiss the UCL claim only to the extent that the labels of the
"reduced fat" Pringles and 100 calorie packs demonstrated that
those products had insufficient fat content to require the
disclosure in question.

Judge Grewal pared the suit by dismissing claims that Pringles was
mischaracterized as healthy or wholesome, saying the plaintiffs
still haven't pinpointed any statements on the website or on
Pringles labels as to how the defendants mischaracterized their
chips as being healthy or wholesome.

Meanwhile, Judge Grewal left intact claims that Kellogg violated
California's Fair Advertising Law with respect to the nutritional
content of its Morningstar products.

The plaintiffs' attorney Ben F. Pierce Gore of Pratt & Associates
told Law360 on Dec. 11 that he was pleased with the judge's
decision, which allows the most significant claim against the
companies regarding the trans fat labeling to proceed.

"It leaves the case largely intact and the bulk of the case goes
forward," he said.  "This case has been tangled up in motions to
dismiss for a year-and-a-half so we're looking forward to doing
some discovery starting off the new year."

Sarah Samet filed the complaint in April 2012, seeking a refund on
behalf of everyone who purchased the allegedly misbranded
products.  But Judge Grewal trimmed the suit significantly in
June, dismissing for good the claims under the Magnuson-Moss
Warranty Act and the Song-Beverly Credit Card Act, along with
claims for restitution and unjust enrichment.

However, he gave the plaintiffs a chance to amend the suit with
respect to various claims concerning Pringles labeling, the claims
targeting the description of Fruity Snacks as "fortified," and all
the "evaporated cane juice claims."

Representatives for P&G and Kellogg could not be immediately
reached for comment on Dec. 11.

The plaintiffs are represented by Ben F. Pierce Gore of Pratt &
Associates and David McMullan Jr. of Barrett Law Group PA.

P&G is represented by Robert A. Mittelstaedt --
ramittelstaedt@jonesday.com -- Craig E. Stewart --
ramittelstaedt@jonesday.com -- Brian Selden --
bgselden@jonesday.com -- and Jonathan Berman --
jberman@jonesday.com -- of Jones Day.  Kellogg is represented
Kenneth K. Lee -- KLee@jenner.com -- Kelly M. Morrison --
kmorrison@jenner.com -- and Dean N. Panos -- dpanos@jenner.com --
of Jenner & Block LLP.

The case is Samet et al. v. Procter & Gamble Co. et al., case
number 5:12-cv-01891, in the U.S. District Court for the Northern
District of California.

SOUTHEAST SUPREME: Class Seeks to Recover Unpaid Back Wages
David Frasier, on his own behalf and behalf of those similarly
situated v. Southeast Supreme Cleaning Services, Inc., doing
business as: Detail King, a Florida Profit Corporation, Case No.
6:13-cv-01700-CEH-TBS (M.D. Fla., November 1, 2013) seeks to
recover unpaid back wages, an additional equal amount as
liquidated damages and other costs.

Southeast Supreme Cleaning Services, Inc., is a Florida for profit

The Plaintiff is represented by:

          Angeli Murthy, Esq.
          MORGAN & MORGAN, PA
          600 N Pine Island Rd., Suite 400
          Plantation, FL 33324
          Telephone: (954) 318-0268
          Facsimile: (954) 333-3515
          E-mail: amurthy@forthepeople.com

STEVEN COHEN: Accused of Violating Fair Debt Collection Act
Delsy M. Garcia, on behalf of herself and all other similarly
situated consumers v. Steven Cohen and Law Offices of Steven Cohen
LLC, Case No. 1:13-cv-06083-NGG-RLM (E.D.N.Y., November 1, 2013)
alleges violations of the Fair Debt Collection Practices Act.

The Plaintiff is represented by:

          Adam Jon Fishbein, Esq.
          483 Chestnut Street
          Cedarhurst, NY 11516
          Telephone: (516) 791-4400
          Facsimile: (516) 791-4411
          E-mail: fishbeinadamj@gmail.com

TOYOTA MOTOR: Attorney Asks Judge to Establish Settlement Process
Amanda Bronstad, writing for The National Law Journal, reports
that lawyers for Toyota Motor Corp. have taken a step toward
settling hundreds of lawsuits filed on behalf of drivers injured
or killed in accidents blamed on sudden, unintended acceleration,
according to court documents.

Toyota attorney John Hooper -- jhooper@reedsmith.com -- a New York
partner at Reed Smith, and members of the plaintiffs team have
asked the judge to establish an "intensive settlement process,"
including a mandatory conference to iron out details, according to
a motion filed on Dec. 12.  U.S. District Judge James Selna in
Santa Ana, Calif., overseeing the litigation in federal court
against Toyota, approved the request and scheduled a Jan. 14

"In our view, this process will bring greater efficiency to the
resolution of pending cases and provide a clear path forward for
those claims that cannot be resolved outside of trial," Toyota
spokeswoman Carly Schaffner wrote in an emailed statement.  "We
continue to stand behind the safety and quality of our vehicles
and are grateful to our customers who have continued to stand
behind Toyota."

Lead plaintiffs attorney Todd Walburg of San Francisco's Lieff
Cabraser Heimann & Bernstein said on the firm's blog on Dec. 13
that the proposed settlement process "provides immediate access to
plaintiffs who would like to resolve their cases or the ability to
determine whether a trial is in their best interest."  He added:
"We are confident, given the strong benefits of this program, that
there will be overwhelming support."

Hundreds of lawsuits followed Toyota's 2010 recall of nearly 10
million vehicles for defective accelerator pedals and floor mats
that could cause sudden acceleration.

A jury in Los Angeles found on Oct. 10 that Toyota's failure to
install a brake override system did not contribute to the accident
that killed the driver of a 2006 Camry.

But on Oct. 24, a jury in Oklahoma City issued a $3 million
verdict against Toyota in a case brought by an injured driver and
the family of a passenger killed when their 2005 Camry accelerated
at a highway exit ramp.  Toyota settled the case for a
confidential sum before the jury could decide punitive damages.
The case was the first to present evidence that defects in the
electronic throttle control system -- not floor mats or
accelerator pedals -- were responsible for sudden acceleration in
Toyota vehicles.

Under the proposed settlement process, mediator Patrick Juneau,
who oversaw Toyota's $1.6 billion agreement last year to resolve
class claims related to sudden acceleration, will distribute
information to plaintiffs' attorneys across the country by
Dec. 23.  Nearly 300 cases remain pending over injuries and deaths
against Toyota across the nation.

The first stage of the process would begin in February and involve
"all parties and their counsel in each respective personal injury,
wrongful death and property damage case," according to the motion.
In a second phase, cases not resolved through the initial process
will be mediated.  If cases still remain unsettled, they would be
remanded for trial, according to the motion.

Also filing the motion was plaintiffs attorney W. Daniel Miles --
dee.miles@beasleyallen.com -- a shareholder at Beasley, Allen,
Crow, Methvin, Portis & Miles, the Montgomery, Ala., law firm that
obtained the Oklahoma verdict. Plaintiffs lawyers with pending
trials against Toyota also joined: Benjamin Bailey --
bbailey@baileyglasser.com -- and Eric Snyder --
esnyder@baileyglasser.com -- of Bailey & Glasser in Charleston,
W.Va., who have a Feb. 19 trial scheduled in Flint, Mich.; and W.
Mark Lanier of The Lanier Law Firm in Houston, who has the first
federal trial scheduled for March 4 before Judge Selna.

As part of the settlement process, lawyers on both sides have
agreed to stay the litigation, including the pending bellwether

UNITED STATES: NSA Surveillance Likely Violates Privacy Rights
According to an article posted by Zoe Tillman at The Blog of Legal
Times, the National Security Agency's bulk collection of telephone
records likely violates privacy rights of individual Americans, a
federal trial judge in Washington ruled on Dec. 16.

Describing the government's surveillance efforts as "almost-
Orwellian," U.S. District Judge Richard Leon found the challengers
in a lawsuit in Washington were likely to succeed on their Fourth
Amendment privacy claims.

Judge Leon granted an injunction that would have stopped national
security officials from collecting telephone record data on two of
the plaintiffs. (The challengers have not certified a class to
date.) However, the judge put that order on hold pending the
government's likely appeal.

The judge said he had "serious doubts" about the effectiveness of
the telephone record collection program in aiding time-sensitive
terrorism investigations.  As a result, he said, the plaintiffs
showed their privacy interests likely outweighed the government's
stated interests in gathering the data.

"Indeed, I have little doubt that the author of our Constitution,
James Madison, who cautioned us to beware 'the abridgement of
freedom of the people by gradual and silent encroachments by those
in power,' would be aghast," Judge Leon wrote.

Attorney and activist Larry Klayman filed several lawsuits
challenging government surveillance efforts following leaks
earlier this year by ex-National Security Agency contractor Edward
Snowden.  Mr. Klayman and his co-plaintiffs sued as subscribers of
telecommunications companies that were reportedly the subject of
NSA intelligence-gathering efforts.

The plaintiffs accused the government of violating their
constitutional rights and exceeding its authority under the
Administrative Procedure Act.  Judge Leon found the court lacked
standing to consider the APA claim, but could consider the
constitutional claims.

The Foreign Intelligence Surveillance Court reviews warrants for
government surveillance, but Judge Leon said that didn't stop him
from having jurisdiction to hear constitutional claims related to
that surveillance.

"While Congress has great latitude to create statutory schemes
like [the Foreign Intelligence Surveillance Act], it may not hang
a cloak of secrecy over the Constitution," Judge Leon wrote.

Although the plaintiffs brought a number of constitutional claims
involving the collection of phone record metadata, Judge Leon said
they were most likely to succeed on a Fourth Amendment claim.

For more than seven years, Judge Leon noted, the government had
collected telephone records that revealed information on what
phone numbers made and received calls, when the calls took place
and how long the calls lasted.  The government said the metadata
records were used to identify connections to terrorists and didn't
include information on who made the calls or what they discussed.

Judge Leon dismissed the government's argument the 1979 Supreme
Court case Smith v. Maryland -- which involved the warrantless use
of a "pen register" -- permitted the bulk collection of telephone
metadata. (The authorities use pen registers to record the numbers
a person dials.)

"When do present-day circumstances -- the evolution of the
government's surveillance capabilities, citizens' phone habits,
and the relationship between the NSA and telecom companies --
become so thoroughly unlike those considered by the Supreme Court
thirty-four years ago that a precedent like Smith does not apply?"
Judge Leon wrote.  "The answer, unfortunately for the government,
is now."

The judge said he was "convinced that the surveillance program now
before me is so different from a simple pen register that Smith is
of little value in assessing whether the Bulk Telephony Metadata
Program constitutes a Fourth Amendment search."

"To the contrary," Judge Leon wrote, "I believe that the bulk
telephony metadata collection and analysis almost certainly does
violate a reasonable expectation of privacy."

Judge Leon said "the almost-Orwellian technology that enables the
government to store and analyze the phone metadata of every
telephone user in the United States is unlike anything that could
have been conceived in 1979."

The judge added that the amount of information contained in phone
records on Dec. 16 was greater as well.  He said he could no
longer use "as my North Star a case that predates the rise of cell

Although Judge Leon granted the injunction, he stayed that order
pending the government's appeal "in light of the significant
national security interests at stake in this case and the novelty
of the constitutional issues."

Mr. Klayman could not immediately be reached for comment.  A
spokesman for the U.S. Department of Justice, Andrew Ames, said
the government is reviewing the court's decision.

"We believe the program is constitutional as previous judges have
found," he said.  "We have no further comment at this time."

U.S. Senate Judiciary Committee Chairman Patrick Leahy (D) said in
a statement today that in light of Judge Leon's ruling, "it is
clear to me that even more oversight is needed in the future."

"Americans deserve an open and transparent debate about the
constitutionality, efficacy, and appropriateness of the
government's dragnet collection programs," Mr. Leahy said.  "I
welcome [Mon]day's district court ruling regarding the collection
of phone metadata, particularly because the litigants were
afforded the opportunity to participate in an adversarial

YOUR FITNESS DISH: Quinola Quinoa Granola Recalled Over Allergen
Starting date:            December 6, 2013
Type of communication:    Recall
Alert sub-type:           Allergy Alert
Subcategory:              Allergen - Tree Nut
Hazard classification:    Class 3
Source of recall:         Canadian Food Inspection Agency
Distribution:             Ontario
Extent of the product
distribution:             Retail

Affected products: 235 g. Your Fitness Dish Quinola Quinoa Granola
with UPC 6 27843 03277 9

* Mintz Levin Discusses Food Mislabeling Class Action Rulings
Daniel J. Herling, Esq., at Mintz, Levin, Cohn, Ferris, Glovsky
and Popeo, P.C. reports that numerous occasions, plaintiffs have
brought claims challenging labeling of food products for
mislabeling.  The labels challenged include the use of the term
"natural", "0g trans fat" and the infamous claim of misbranding
relating to "crunch berries."

Motions to strike class allegations due to the amalgamation of
several misbranding theories across numerous products in a single
putative class action have garnered a fair amount of success in
the "Food Court" (Northern District of CA).

Defendants often argue that a case which involves disparate issues
with each requiring individual determination should result in the
allegations being struck as a class and/or dismissal of the action
in its entirety.

In two recent cases in the Food Court may make defendants pause
before asserting these arguments.

Trazo v. Nestle USA, Inc.; N.D. Cal., No. 12-0227, 12/4/13 Judy
Trazo, Jenna Coffey, and Marianna Belli brought a putative class
action challenging the labeling on thirteen separate Nestle
products and asserted nine separate theories of liability. The
products involved in the action were very different from one
another.  The products included Juicy Juice, ravioli, and

Initially the trial court struck the class allegations, ruling
that they were not related enough to be amenable to class
certification.  Undeterred, the plaintiffs filed an amended
complaint and a motion under Federal Rule Civil Procedure 21 to
sever the claims into seven putative class actions, each one
representing a single product line.  Nestle opposed the motion.

Under Rule 21, a court will consider whether the claims arose out
of the same transaction or occurrence, whether the claims present
some common questions of law or fact, whether settlement or
judicial economy would be facilitated, whether prejudice would be
avoided if severance were granted, and whether different witness
and documentary proof are required for the separate claims.
Determination of a Rule 21b motion is within the sound discretion
of the trial court and as long as there is a discreet and separate
claim, the district court may exercise its discretion and sever

Plaintiffs admitted that the request to sever is unusual.  The
Court noted that "what plaintiffs seek is nothing less than a
shattering into pieces of a case they brought as an integrated
whole."  Nestle concurred that the case involves disparate issues
and the Court agreed that the issues belong in different cases.
The Court, however, disagreed with Nestle that striking or
dismissing the action would not achieve anything more than what
the plaintiffs already propose.  The Court went on to reason that
assuming that the plaintiffs would pay the relatively modest
filing fee for each new case addressing each unique claim, one way
or another, Nestle and the Court would confront the claims.

The Court then addressed the factors relating to common questions
of law or fact, judicial economy, potential for prejudice and
evidentiary proof required for separate claims and found that
though the plaintiffs' request is unusual he would grant it.  The
Court acknowledged some of the concerns Nestle raised and provided
specific guidance relating to how the matters would be handled.
Although the Nestle order is believed to be the first time a court
has acted on a plaintiff's motion to sever in a food mislabeling
case, it is not the first time that a severance has occurred in
the Food Court.

Gustavson v. Wrigley Sales Co. (N.D. Cal. No. 12-01861) - In
September 2013, Judge Lucy H. Koh ordered severance in a case
entitled Gustavson v. Wrigley Sales Co., N.D. Cal. No. 12-01861 by
ordering severance of the case into two:  Gustavson v. Wrigley,
involving gum and mints, and Gustavson v. Mars, Inc., No. 13-
04537, involving claims against the chocolate.

Jones v. C. A. Agra Corp. (N.D. Cal. No. 12-01633) -- A motion for
severance is also pending in another food labeling case where the
plaintiffs seek to sever their claims along three product lines:
PAM cooking spray, Hunts tomato products, and SwissMiss cocoa;
Jones v. C. A. Agra Corp., N.D. Cal. No. 12-01633.

Although the defendants raised reasonable arguments that putative
class actions involving multiple products and multiple claims
should not be class actions and therefore dismissed, the Food
Court has ignored this FRCP 23 procedural requirement and is
permitting the plaintiffs to either sever the matters on their own
or severing the case sua sponte.

The law of unintended consequences appears to be at play here.
Defendants have raised the issue that unrelated products and
claims do not belong in the same lawsuit.  The courts have agreed;
but rather than dismissing the cases for failure to comply with
FRCP 23, the courts have granted plaintiffs relief in the form of

* Morrison Ruling to Cause Uptick in Securities Suits in Australia
Andreas Costi from the Goal Group reports that as one securities
class action door has shut in the US, it has provided openings in

The Morrison v. National Australia Bank securities class action
case in 2010 prompted a huge blow for litigants when the U.S.
Supreme Court ruled against what have become known as f-cubed
actions.  The ruling has set precedence for an action involving a
non-U.S. shareholder, suing a non-U.S. company, whose stock was
purchased on a non-U.S. exchange, not being able to be brought to
a U.S. court.

This restriction by the U.S. federal courts has prompted a growing
desire to develop domestic class actions procedures in many
countries around the globe and Australia itself has firmly
established itself as a hub for securities class actions cases in
the Asia-Pacific region.

Landmark settlements have been reached, such as when Centro Retail
Australia and PricewaterhouseCoopers agreed to pay $200 million to
its shareholders.

At Goal Group we have calculated that non-US settlements will
reach $US 8.3billion annually by 2020, and it is believed that the
Asia-Pacific region will be responsible for around 40 per cent of
this figure.

Although Australia has positioned itself as a frontrunner to
process non-US class actions, it is not the only jurisdiction to
have adapted to the outcome of the Morrison ruling.

Securities class actions are moving away from the singular and
relatively straightforward focus of the United States to a
multiple and complex series of legal systems throughout the world.

A new research note by Goal Group has revealed that between 2000
and 2012, investors' non-participation in American securities
class actions alone has resulted in over $US 194m of Australian
investors' returns being left un-reclaimed.

Australian fiduciaries face the threat of legal action should they
fail to identify and ensure participation in relevant securities
class actions.  Responsible parties can no longer ignore the
opportunity to claim international damages to which they are
legally entitled.

However, as class actions globalize, monitoring becomes
challenging as there is a more complex global network of
shareholder litigation to consider and respond to.

Many fiduciaries have historically struggled to keep track of
opportunities to make a claim, and the processes required to do so
successfully have at times been considered difficult and daunting.

Now, in reality, there is little excuse for failing to ensure
participation in relevant securities class actions as, although
many have an American focus, there are specialist service
providers that can automate the process across international
legislatures, and at a relatively low cost.

The pressure of the process can be dramatically eased as such
providers can globally cover class actions in all markets, while
managing on-going relationships with various legal firms worldwide
and a network of paying agents.

* Recent Class Actions Cast Spotlight on GINA Privacy Laws
Philip L. Gordon, Esq. -- pgordon@littler.com -- at Littler
Mendelson reports that as named by Congress, the "Genetic
Information Non-Discrimination Act of 2008" (GINA) appears to be
just one more employment law adding to the ever-expanding list of
characteristics that cannot lawfully form the basis for an
employment decision.  However, the law's name camouflages its true
nature.  GINA, in reality, is a privacy statue that strictly
regulates employers' collection, use, safeguarding, and disclosure
of "genetic information."  Moreover, two recently filed class
action lawsuits demonstrate that many employers may be unwittingly
violating GINA even if they conduct no genetic tests.

Critical to understanding GINA's broad sweep beyond genetic tests
is the statute's definition of the term "genetic information."
That term includes not just genetic test results but also "the
manifestation of a disease or disorder in a family member."
Notably, this definition is not limited to "genetic" diseases or
disorders; any disease or disorder satisfies the definition of
"genetic information."  Further expanding this definition's scope,
GINA defines "family member" to include (a) a dependent, whether
born to the individual or adopted; (b) a relative to the fourth
degree of the individual, and (c) a relative to the fourth degree
of the individual's dependents.

The practical upshot of this expansive definition is that, on a
daily basis, millions of Americans post their genetic information
in social media and share their genetic information with their
health care providers.  The Tweet, "Exhausted; spent last night in
ER with Joey after asthma attack" reveals a dependent's disorder
(asthma) and, therefore, constitutes "genetic information."  A
comment on a Civil War blog, "My great-great-grandfather died from
gangrene after a bullet wound at Gettysburg" also reveals "genetic
information."  As a third example, posting a joyful comment on
Facebook after a cousin's cancer goes into remission also
discloses "genetic information."  These posts share a common
thread: they each reveal the poster's family medical history (as
defined by the Act).  And, family medical history is critical to
medical diagnosis and treatment.  Consequently, most first visits
to a doctor are preceded by fifteen excruciating minutes reading
an encyclopedic list of diseases and disorders associated with
each body part and checking whether any of them has afflicted the
patient or the patient's grandparents, parents, siblings or

It is this proliferation of genetic information, and requests for
it, that make compliance with GINA's most basic privacy protection
potentially difficult for employers.  Under GINA, it is unlawful
for an employer to "request, require or purchase genetic
information" of an employee or the employee's family members.  In
its first lawsuit enforcing GINA, filed in early May 2013, the
EEOC relied on this prohibition when alleging that the defendant
in that case, one of the world's largest distributors of
decorative fabrics, violated GINA.  According to the complaint, as
part of a pre-employment physical, the fabric distributor's
contract medical examiner required an applicant to complete a
questionnaire asking whether she or her family members had
suffered from any of a long list of disorders, i.e., family
medical history.  On the day that the agency filed the complaint,
the EEOC also issued a press release announcing that it had
settled the case for $50,000.

One week later, the EEOC filed its first class action complaint,
alleging GINA violations.  In that case, which is pending, the
EEOC alleges that a New York nursing home violated GINA because it
"requests family medical history as part of a pre-employment,
return-to-work, and annual medical exams of its staff."  Following
the EEOC's lead, private plaintiffs filed a class action lawsuit
against an Illinois laboratory in June 2013, alleging that the lab
violated GINA by requiring employees to complete "a medical
questionnaire that included questions concerning family medical
history."  Notably, none of these lawsuits alleged that the
employer used genetic information in violation of GINA's anti-
discrimination provisions.  It was the mere alleged collection of
family medical history, i.e., the privacy violation, that
triggered the lawsuit.

These lawsuits are just one indicator that the enforcement
environment is changing.  In its Strategic Enforcement Plan for
fiscal years 2012 to 2016, the EEOC identifies GINA as one of six
areas where it will focus its enforcement efforts.  In addition,
the number of charges filed with the EEOC alleging violations of
GINA, while still small, increased by nearly 50% between fiscal
years 2010 and 2012.

While the recent lawsuits focus on the employer's alleged direct
request for family medical history, employers also can indirectly
request family medical history in violation of GINA.  Employers
commonly ask employees to execute a HIPAA-compliant authorization
to allow a health care provider to disclose their medical
information, albeit not genetic information, to the employer.  For
example, an employer may request medical information to determine
whether an employee is fit for duty, requires a requested
accommodation, or poses a direct threat in the workplace.  As
noted above, many health care providers obtain family medical
history for diagnosis and treatment.  Consequently, an employer
that asks an employee to sign an authorization permitting
disclosure of the employee's "medical file" or of all protected
health information (PHI) for a given time period could
inadvertently obtain the employee's genetic information in the
form of family medical history.

While GINA expressly excepts from its purview the situation where
an "employer inadvertently requests or requires genetic
information," the EEOC's regulations implementing GINA narrowly
construe the exception as applied to requests for employees'
medical information.  Under the applicable regulation, an employer
that receives family medical history from an employee's health
care provider will generally be presumed to have asked for it in
violation of GINA.  An employer can avoid this presumption by
tailoring the description in the HIPAA-compliant authorization of
the PHI to be disclosed so that the authorization is "not likely
to result in [the employer's] obtaining genetic information."

Alternatively, the employer can specifically direct the provider
not to provide family medical history or other genetic information
in response to the request.  The EEOC's regulations provide the
following "safe harbor" language to avoid liability for unlawfully
requesting genetic information from an employee's health care

The Genetic Information Nondiscrimination Act of 2008 (GINA)
prohibits employers and other entities covered by GINA Title II
from requesting or requiring genetic information of an individual
or family member of the individual, except as specifically allowed
by this law.  To comply with this law, we are asking that you not
provide any genetic information when responding to this request
for medical information.  'Genetic information' as defined by
GINA, includes an individual's family medical history, the results
of an individual's or family member's genetic tests, the fact that
an individual or an individual's family member sought or received
genetic services, and genetic information of a fetus carried by an
individual or an individual's family member or an embryo lawfully
held by an individual or family member receiving assistive
reproductive services.

In other words, an employer can help minimize the risk of
liability for requesting family medical history in violation of
GINA by including the safe harbor language quoted above in the
HIPAA-compliant authorization tendered to an employee when the
employee's medical information, but not the employee's family
medical history or other genetic information, is needed for an
employment decision.

With employers increasingly turning to social media for recruiting
and to investigate allegations of employee misconduct, the risk of
collecting genetic information in the form of family medical
history also has increased.  Under the EEOC's implementing
regulations, an employer does not violate GINA if "it acquires
genetic information from documents that are commercially and
publicly available for review . . ., including . . . information
communicated through . . . the Internet."  In other words, an
employer who happens on a publicly available social media post
similar to the posts described above would not violate GINA.
However, the implementing regulations also provide that this
exception does not apply to "genetic information acquired through
sources with limited access, such as social networking sites . . .
which require permission to access through a specific individual."
Under a literal reading of this exception, an employer who obtains
access to posts disclosing family medical history on a Facebook
page where the user has set his or her privacy settings to
"friends only" apparently would violate GINA even if the user had
friended the manager or co-worker who brings the family medical
history to the employer's attention.  Whether that is how the law
will eventually be interpreted by the courts is uncertain.

While a comprehensive discussion of GINA is beyond the scope of
this article, the recent EEOC enforcement actions and private
class action filings as well as the increasing prevalence of
personal social media in the workplace highlight the need for
organizations to address, or revisit, their compliance with GINA.
These efforts should include, at a minimum, the following:

    Eliminate direct requests for family medical history (except
in the narrow circumstances not discussed here where such requests
are permitted);

    Include the "safe harbor" language in any HIPAA authorization
provided to a medical provider for release of an employee's
medical information;

    Train recruiters and other employees who may access
applicants' or employees' social media content not to record
genetic information or rely on it for any employment decision.

While these steps should help mitigate the most significant risks
arising from GINA, employers should conduct a comprehensive review
of their compliance with this statute as the enforcement
environment becomes less forgiving.

                        Asbestos Litigation

ASBESTOS UPDATE: Lonza's Conalco Files to Deal with Asbestos Suits
Bill Rochelle, the bankruptcy columnist for Bloomberg News,
reports that Consolidated Aluminum Corp., an indirect subsidiary
of Switzerland-based Lonza Group AG, filed a Chapter 11 petition
on Dec. 15 in Newark, New Jersey, to deal with personal-injury

According to the report, Allendale, New Jersey-based Conalco
ceased operations in 1994 when the business was sold. Since then,
the company has been managing lawsuits arising from exposure to
asbestos and coal tar pitch.

The petition lists assets for less than $1 million and debt
exceeding $50 million. Liabilities include $72.7 million owing to
the parent Lonza America Inc.

The case is In re Consolidated Aluminum Corp., 13-bk-37149, U.S.
Bankruptcy Court, District of New Jersey (Newark).

ASBESTOS UPDATE: Specialty Products Judge Could Rethink Deadline
Law360 reported that a Delaware bankruptcy judge indicated on
Dec. 17 that he may reconsider his ruling ordering a deadline be
set for asbestos-related injury claims in the Specialty Products
Holding Corp. case, and said he intends to see dual solicitations
for a Chapter 11 plan from both the asbestos claimants committee
and the debtor.

According to the report, U.S. Bankruptcy Judge Peter J. Walsh
scheduled a hearing for Jan. 7, during which counsel representing
the potentially thousands of people who may have suffered some
injury or illness connected to a compound produced by asbestos may
argue for the reconsideration of his ruling.

                      About Specialty Products

Cleveland, Ohio-based Specialty Products Holdings Corp., aka RPM,
Inc., is a wholly owned subsidiary of RPM International Inc.  The
Company is the holding company parent of Bondex International,
Inc., and the direct or indirect parent of certain additional
domestic and foreign subsidiaries.  The Company claims to be a
leading manufacturer, distributor and seller of various specialty
chemical product lines, including exterior insulating finishing
systems, powder coatings, fluorescent colorants and pigments,
cleaning and protection products, fuel additives, wood treatments
and coatings and sealants, in both the industrial and consumer

The Company filed for Chapter 11 bankruptcy protection (Bankr. D.
Del. Case No. 10-11780) on May 31, 2010.  Gregory M. Gordon, Esq.,
Dan B. Prieto, Esq., and Robert J. Jud, Esq., at Jones Day, serve
as bankruptcy counsel.  Daniel J. DeFranceschi, Esq., and Zachary
I. Shapiro, Esq., at Richards Layton & Finger, serve as co-
counsel.  Logan and Company is the Company's claims and notice
agent.  The Company estimated its assets and debts at $100 million
to $500 million.

The Company's affiliate, Bondex International, Inc., filed a
separate Chapter 11 petition on May 31, 2010 (Case No. 10-11779),
estimating its assets and debts at $100 million to $500 million.

On May 20, 2013, the Bankruptcy Court entered an order estimating
the amount of the Debtors' asbestos liabilities, and a related
memorandum opinion in support of the estimation order.  The
Bankruptcy Court estimated the current and future asbestos claims
associated with Bondex International, Inc. and Specialty Products
Holding at approximately $1.17 billion.  The estimation hearing
represents one step in the legal process in helping to determine
the amount of potential funding for a 524(g) asbestos trust.

ASBESTOS UPDATE: Mo. Solons To Limit Medical Malpractice Suits
The Associated Press reports that Missouri lawmakers plan to try
again to limit how much money people can receive in medical
malpractice lawsuits.

Missouri House Speaker Tim Jones says the liability limits are a
priority for the 2014 session.  And Rep. Eric Burlison, of
Springfield, already is promoting a bill.

Republican lawmakers want to reinstate a $350,000 limit on
noneconomic damages such as pain and suffering that was struck
down by the Missouri Supreme Court in July 2012.

The court said the limit violated a common-law right to seek
damages for medical malpractice that predated the adoption of a
state constitution in 1820.  The proposed legislation would
abolish that common-law right and instead make medical liability
lawsuits subject to state law.

A similar bill stalled earlier this year in the Senate.?

ASBESTOS UPDATE: AK Steel Workers Can Sue Over Mesothelioma
Surviving Mesothelioma reports that workers and their families
have won a victory in Pennsylvania after the state Supreme Court
ruled that they could sue former employers over late-manifesting
industrial diseases like mesothelioma.

The decision focused on a provision in Pennsylvania's Workers'
Compensation Act that says workers cannot sue an employer if their
occupational disease occurred more than 300 weeks after their on-
the-job exposure.  While many occupational injuries and diseases
occur within weeks or months of exposure to a toxin, asbestos
diseases like mesothelioma are a notable exception.  Believed to
be caused by chronic irritation from inhaled or ingested asbestos
fibers, mesothelioma does not usually begin to cause symptoms
until at least a decade after exposure.

Expressing the opinion of the majority, Supreme Court Justice
Debra Todd said it was "inconceivable that the legislature, in
enacting a statute specifically designed to benefit employees,
intended to leave a certain class of employees who have suffered
the most serious of work-related injuries without any redress
under the act or at common law."  The decision overturns recent
Superior Court decisions which upheld the 300-week provision.

In an online article on the decision, Pennsylvania attorney
Anne Kane says the case of Tooey v. AK Steel Corp., et al, "has
far-reaching implications for Pennsylvania employers whose
operations may expose employees to alleged causes of an
'occupational disease'" such as mesothelioma.  Such employers may
have thought the Worker's Compensation Act made them immune to
mesothelioma lawsuits like Tooey's but Ms. Kane suggests they
review their company insurance programs in light of the new

Pennsylvania has one of the highest rates of mesothelioma of any
state due, in part, to its long history of asbestos mining.  The
state was also home to shipbuilding operations, another industry
with a high rate of asbestos exposure and mesothelioma deaths.
Mesothelioma is an extremely rare cancer, even among those who
have been exposed to asbestos.?

ASBESTOS UPDATE: Magnetek Inc. Continues to Defend PI Suits
Magnetek, Inc., continues to defend itself against asbestos-
related lawsuits, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended September 29, 2013.

The Company has been named, along with multiple other defendants,
in asbestos-related lawsuits associated with business operations
previously acquired by the Company, but which are no longer owned.
During the Company's ownership, none of the businesses produced or
sold asbestos-containing products. With respect to these claims,
the Company believes that it has no such liability. For such
claims, the Company is uninsured and either contractually
indemnified against liability, or contractually obligated to
defend and indemnify the purchaser of these former Magnetek
business operations. The Company aggressively seeks dismissal from
these proceedings. Management does not believe the asbestos
proceedings, individually or in the aggregate, will have a
material adverse effect on its financial position or results of
operations. Given the nature of the issues, uncertainty of the
ultimate outcome, and inability to estimate the potential loss, no
amounts have been reserved for these matters.

Magnetek, Inc., is a provider of digital power control systems
that are used to control motion and power primarily in material
handling, elevator, and energy delivery applications. Its products
are sold directly or through manufacturers' representatives to
original equipment manufacturers (OEM) for incorporation into
their products, to system integrators and value-added resellers
for assembly and incorporation into end user systems, to
distributors for resale to OEMs and contractors, and to end-users
for repair and replacement purposes. Magnetek's systems consist
primarily of programmable motion control and power conditioning
systems used in the applications, such as overhead cranes and
hoists; elevators; coal mining equipment, and renewable energy
sources. Its customers include the industrial crane and hoist
companies in North America and the elevator builders.

ASBESTOS UPDATE: American Locker Continues to Defend 32 Cases
American Locker Group Incorporated continues to defend itself
against 32 asbestos-related cases, according to the Company's Form
10-Q filing with the U.S. Securities and Exchange Commission for
the quarterly period ended  September 30, 2013.

Starting in September 1998, the Company has been named as an
additional defendant in approximately 234 cases pending in state
court in Massachusetts and one in the state of Washington. The
plaintiffs in each case assert that a division of the Company
manufactured and furnished components containing asbestos to a
shipyard during the period from 1948 to 1972 and that injury
resulted from exposure to such products. The assets of this
division were sold by the Company in 1973. During the process of
discovery in certain of these actions, documents from sources
outside the Company have been produced which indicate that the
Company appears to have been included in the chain of title for
certain wall panels which contained asbestos and which were
delivered to the Massachusetts shipyards. Defense of these cases
has been assumed by the Company's insurance carrier, subject to a
reservation of rights. Settlement agreements have been entered in
approximately 35 cases with funds authorized and provided by the
Company's insurance carrier. Further, over 167 cases have been
terminated as to the Company without liability to the Company
under Massachusetts procedural rules. Therefore, the balance of
unresolved cases against the Company as of March 25, 2013, the
most recent date information is available, is approximately 32

While the Company cannot estimate potential damages or predict
what the ultimate resolution of these asbestos cases may be
because the discovery proceedings on the cases are not complete,
based upon the Company's experience to date with similar cases, as
well as the assumption that insurance coverage will continue to be
provided with respect to these cases, at the present time, the
Company does not believe that the outcome of these cases will have
a significant adverse impact on the Company's operations or
financial condition.

American Locker Group Incorporated is a manufacturer of lockers,
locks and keys with a range of applications for use in numerous
industries. The Company serves customers in a range of industries
in all 50 states and in Canada, Mexico, Europe, Asia and South
America. The Company's products can be categorized as either
mailboxes or lockers. Mailboxes are used for the delivery of mail,
packages and other parcels to multi-tenant facilities. Lockers are
used for applications other than mail delivery, and its lockers
are key-controlled checking lockers.

ASBESTOS UPDATE: Metropolitan Life Continues to Defend PI Suits
Metropolitan Life Insurance Company continues to defend itself
against asbestos-related personal injury lawsuits, according to
the Company's Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarterly period ended September 30,

Metropolitan Life Insurance Company is and has been a defendant in
a large number of asbestos-related suits filed primarily in state
courts. These suits principally allege that the plaintiff or
plaintiffs suffered personal injury resulting from exposure to
asbestos and seek both actual and punitive damages.

As reported in the consolidated financial statements for the year
ended December 31, 2012, Metropolitan Life Insurance Company
received approximately 5,303 asbestos-related claims in 2012.
During the nine months ended September 30, 2013 and 2012,
Metropolitan Life Insurance Company received approximately 4,256
and 3,909 new asbestos-related claims, respectively. The number of
asbestos cases that may be brought, the aggregate amount of any
liability that Metropolitan Life Insurance Company may incur and
the total amount paid in settlements in any given year are
uncertain and may vary significantly from year to year.

Metropolitan Life Insurance Company reevaluates on a quarterly and
annual basis its exposure from asbestos litigation, including
studying its claims experience, reviewing external literature
regarding asbestos claims experience in the U.S., assessing
relevant trends impacting asbestos liability and considering
numerous variables that can affect its asbestos liability exposure
on an overall or per claim basis. These variables include
bankruptcies of other companies involved in asbestos litigation,
legislative and judicial developments, the number of pending
claims involving serious disease, the number of new claims filed
against it and other defendants and the jurisdictions in which
claims are pending. Based upon its regular reevaluation of its
exposure from asbestos litigation, Metropolitan Life Insurance
Company has updated its liability analysis for asbestos-related
claims through September 30, 2013.

MetLife, Inc. (MetLife), the owner of 100% shares of Metropolitan
Life, is a provider of insurance, annuities and employee benefit
programs, serving 90 million customers in over 50 countries.
Through its subsidiaries and affiliates, MetLife operates in the
United States, Japan, Latin America, Asia Pacific, Europe and the
Middle East. It is organized into six segments: Insurance
Products, Retirement Products, Corporate Benefit Funding and Auto
& Home (collectively, U.S. Business), and Japan and Other
International Regions (collectively, International). U.S. Business
provides insurance and financial services products, including
life, dental, disability, auto and homeowner insurance. In
September 2013, MetLife Inc and Thayer Lodging Group acquired the
365-room Hilton Los Cabos Beach & Golf Resort in Cabo San Lucas,
Mexico in a joint venture. In October 2013, Banco Bilbao Vizcaya
Argentaria SA sold its entire 64.3% interest in Administradora de
Fondos de Pensiones Provida SA (AFP Provida) to Metlife Inc's

ASBESTOS UPDATE: Park-Ohio Industries Continues to Defend Suits
Park-Ohio Industries, Inc., continues to defend itself against
asbestos-related personal injury lawsuits, according to the
Company's Form 10-Q filing with the U.S. Securities and Exchange
Commission for the quarterly period ended September 30, 2013.

The Company states: "We were a co-defendant in approximately 268
cases asserting claims on behalf of approximately 612 plaintiffs
alleging personal injury as a result of exposure to asbestos.
These asbestos cases generally relate to production and sale of
asbestos-containing products and allege various theories of
liability, including negligence, gross negligence and strict
liability, and seek compensatory and, in some cases, punitive

In every asbestos case in which we are named as a party, the
complaints are filed against multiple named defendants. In
substantially all of the asbestos cases, the plaintiffs either
claim damages in excess of a specified amount, typically a minimum
amount sufficient to establish jurisdiction of the court in which
the case was filed (jurisdictional minimums generally range from
$25,000 to $75,000), or do not specify the monetary damages
sought. To the extent that any specific amount of damages is
sought, the amount applies to claims against all named defendants.

There are only seven asbestos cases, involving 25 plaintiffs, that
plead specified damages. In each of the seven cases, the plaintiff
is seeking compensatory and punitive damages based on a variety of
potentially alternative causes of action. In three cases, the
plaintiff has alleged compensatory damages in the amount of $3.0
million for four separate causes of action and $1.0 million for
another cause of action and punitive damages in the amount of
$10.0 million. In the fourth case, the plaintiff has alleged
against each named defendant, compensatory and punitive damages,
each in the amount of $10.0 million, for seven separate causes of
action. In the fifth case, the plaintiff has alleged compensatory
damages in the amount of $20.0 million for three separate causes
of action and $5.0 million for another cause of action and
punitive damages in the amount of $20.0 million. In the remaining
two cases, the plaintiffs have each alleged against each named
defendant, compensatory and punitive damages, each in the amount
of $50.0 million, for four separate causes of action.

Historically, we have been dismissed from asbestos cases on the
basis that the plaintiff incorrectly sued one of our subsidiaries
or because the plaintiff failed to identify any asbestos-
containing product manufactured or sold by us or our subsidiaries.
We intend to vigorously defend these asbestos cases, and believe
we will continue to be successful in being dismissed from such
cases. However, it is not possible to predict the ultimate outcome
of asbestos-related lawsuits, claims and proceedings due to the
unpredictable nature of personal injury litigation. Despite this
uncertainty, and although our results of operations and cash flows
for a particular period could be adversely affected by asbestos-
related lawsuits, claims and proceedings, management believes that
the ultimate resolution of these matters will not have a material
adverse effect on our financial condition, liquidity or results of
operations. Among the factors management considered in reaching
this conclusion were: (a) our historical success in being
dismissed from these types of lawsuits on the bases mentioned
above; (b) many cases have been improperly filed against one of
our subsidiaries; (c) in many cases the plaintiffs have been
unable to establish any causal relationship to us or our products
or premises; (d) in many cases, the plaintiffs have been unable to
demonstrate that they have suffered any identifiable injury or
compensable loss at all or that any injuries that they have
incurred did in fact result from alleged exposure to asbestos; and
(e) the complaints assert claims against multiple defendants and,
in most cases, the damages alleged are not attributed to
individual defendants. Additionally, we do not believe that the
amounts claimed in any of the asbestos cases are meaningful
indicators of our potential exposure because the amounts claimed
typically bear no relation to the extent of the plaintiff's
injury, if any.

Our cost of defending these lawsuits has not been material to date
and, based upon available information, our management does not
expect its future costs for asbestos-related lawsuits to have a
material adverse effect on our results of operations, liquidity or
financial position."

Park-Ohio Holdings Corp. (Holdings) conducts its business
primarily through the subsidiaries owned by its direct subsidiary,
Park-Ohio Industries, Inc. (Park-Ohio). It is an industrial supply
chain logistics and diversified manufacturing business operating
in three segments: Supply Technologies, Aluminum Products and
Manufactured Products. Supply Technologies provides the Company's
customers with Total Supply Management services for a range of
specialty production components. Its Aluminum Products business
manufactures cast and machined aluminum components, and the
Company's Manufactured Products business is a manufacturer of
engineered industrial products. The Company's businesses serve
industrial original equipment manufacturers in a variety of
industrial sectors. On March 26, 2012, it acquired Fluid Routing
Solutions Inc. In April 2013, the Company Fluid Routing Solutions
(FRS) business acquired all of the assets of Bates Acquisition LLC
and Bates Real Estate Acquisition, LLC.

ASBESTOS UPDATE: Administrative Suit v. EEI Unit Remains Pending
An administrative suit against a subsidiairy of Ecology and
Environment, Inc., remains pending, according to the Company's
Form 10-K filing with the U.S. Securities and Exchange Commission
for the fiscal year ended July 31, 2013.

On September 21, 2012, the Colorado Department of Public Health
and Environment issued a proposed Compliance Order on Consent to
the City and County of Denver and to Walsh Environmental
Scientists and Engineers, LLC.  Walsh is a majority-owned
subsidiary of Ecology and Environment, Inc.  The Proposed Consent
Order concerns construction improvement activities of certain
property owned by Denver which was the subject of asbestos
remediation.  Denver had entered into a contract with Walsh for
Walsh to provide certain environmental consulting services
(asbestos monitoring services) in connection with the asbestos
containment and/or removal performed by other contractors at
Denver's real property. Without admitting liability or the
Department's version of the underlying facts, Walsh on
February 13, 2013 entered into a Compliance Order on Consent with
the Department and paid a penalty of less than $0.1 million and
paid for a Supplemental Environmental Project to benefit the
public at large in an amount less than $0.1 million. Denver was
served with a final Compliance Order and Assessment of
Administrative Penalty against Denver alone for approximately $0.2
million. Under Walsh's environmental consulting contract with
Denver, Walsh has agreed to indemnify Denver for certain
liabilities where Walsh could potentially be held responsible for
a portion of the penalty imposed upon Denver. Walsh has put its
professional liability and general liability carriers on notice of
this indemnification claim by Denver. The Company believes that
this administrative proceeding involving Walsh will not have an
adverse material effect upon its operations or cash flows.

Ecology and Environment, Inc. was incorporated in February 1970 as
a global broad-based environmental consulting firm whose
underlying philosophy is to provide professional services
worldwide so that sustainable economic and human development may
proceed with acceptable impact on the environment. Together with
its subsidiaries, EEI has direct and indirect ownership in 19
wholly owned and majority owned operating subsidiaries in 12
countries. Our staff is comprised of individuals representing more
than 80 scientific, engineering, health, and social disciplines
working together in multidisciplinary teams to provide innovative
environmental solutions. The Company has completed more than
50,000 projects for a wide variety of clients in more than 120
countries, providing environmental solutions in nearly every
ecosystem on the planet. The Company's revenues originate from
federal, state and local governments, domestic private clients,
and private and governmental international clients.

ASBESTOS UPDATE: Tyco Records Loss Related to Yarway Ch. 11
Tyco International Ltd. recorded an expected loss upon
deconsolidation of $10 million related to the Chapter 11 filing of
Yarway Corporation, according to the Company's Form 10-K filing
with the U.S. Securities and Exchange Commission for the fiscal
year ended September 27, 2013.

The Company and certain of its subsidiaries along with numerous
other companies are named as defendants in personal injury
lawsuits based on alleged exposure to asbestos containing
materials. These cases typically involve product liability claims
based primarily on allegations of manufacture, sale or
distribution of industrial products that either contained asbestos
or were attached to or used with asbestos containing components
manufactured by third parties. Each case typically names between
dozens to hundreds of corporate defendants. While the Company has
observed an increase in the number of these lawsuits over the past
several years, including lawsuits by plaintiffs with mesothelioma
related claims, a large percentage of these suits have not
presented viable legal claims and, as a result, have been
dismissed by the courts. The Company's historical strategy has
been to mount a vigorous defense aimed at having unsubstantiated
suits dismissed, and, where appropriate, settling suits before
trial. Although a large percentage of litigated suits have been
dismissed, the Company cannot predict the extent to which it will
be successful in resolving lawsuits in the future. In addition,
the Company continues to assess its strategy for resolving
asbestos claims. Due to the number of claims and limited amount of
assets held by Yarway Corporation, one of the Company's indirect
subsidiaries, on April 22, 2013 Yarway filed a voluntary petition
for relief under Chapter 11 of the U.S. Bankruptcy Code in the
United States Bankruptcy Court for the District of Delaware. As a
result of this filing, all asbestos claims against Yarway have
been stayed pending confirmation of a plan of reorganization by
the Bankruptcy Court. Yarway's goal is to negotiate, obtain
approval of, and consummate a plan of reorganization that
establishes an appropriately funded trust to provide for the fair
and equitable payment of legitimate current and future Yarway
asbestos claims, accompanied by appropriate injunctive relief
permanently protecting Yarway and certain other protected parties
from any further asbestos claims arising from products
manufactured, sold, and/or distributed by Yarway. Upon
confirmation of such plan of reorganization, the Company expects
to deconsolidate Yarway. As a result of filing the voluntary
petition during the year, the Company recorded an expected loss
upon deconsolidation of $10 million related to the Yarway
bankruptcy petition. Although the terms of Yarway's plan of
reorganization are unknown at this time, the Company does not
expect them to have a material adverse effect on the Company's
results of operations, financial condition or liquidity.

As of September 27, 2013, the Company has determined that there
were approximately 5,200 claims pending against it, its
subsidiaries or entities for which the Company has assumed
responsibility in connection with acquisitions and divestitures.
This amount reflects the Company's current estimate of the number
of viable claims made against such entities and includes
adjustments for claims that are not actively being prosecuted,
identify incorrect defendants, are duplicative of other actions or
for which the Company is indemnified.

Tyco International Ltd is a holding company of Tyco Group. The
Tyco Group (the Group) is a diversifies, global provider of
diversified products ranging from electronic security and alarm
monitoring to fire-fighting equipment and breathing apparatus,
water purification and flow control solutions. The Company
diversifies its activities into three segments: Tyco Security
Solutions; Tyco Fire Protection and Tyco Flow Control. The Tyco
Security Solutions segment designs, sells, installs, services and
monitors electronic security systems, as well as designs,
manufactures and sells security products. The Tyco Fire Protection
segment designs, manufactures, sells, installs and services fire
detection and fire suppression systems. The Tyco Flow Control
segment designs, manufactures, sells and services valves, pipes,
fittings, automation and controls, valve automation and heat
tracing products for various industries. On November 8, 2013, the
Company acquired Westfire Inc.

ASBESTOS UPDATE: IntriCon Continues to Defend Exposure Suits
IntriCon Corporation continues to defend itself against asbestos-
related lawsuits, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended September 30, 2013.

The Company is a defendant along with a number of other parties in
lawsuits alleging that plaintiffs have or may have contracted
asbestos-related diseases as a result of exposure to asbestos
products or equipment containing asbestos sold by one or more
named defendants. These lawsuits relate to the discontinued heat
technologies segment which was sold in March 2005. Due to the non-
informative nature of the complaints, the Company does not know
whether any of the complaints state valid claims against the
Company. Certain insurance carriers have informed the Company that
the primary policies for the period August 1, 1970-1978 have been
exhausted and that the carriers will no longer provide defense and
insurance coverage under those policies. However, the Company has
other primary and excess insurance policies that the Company
believes afford coverage for later years. Some of these other
primary insurers have accepted defense and insurance coverage for
these suits, and some of them have either ignored the Company's
tender of defense of these cases, or have denied coverage, or have
accepted the tenders but asserted a reservation of rights and/or
advised the Company that they need to investigate further. Because
settlement payments are applied to all years a litigant was deemed
to have been exposed to asbestos, the Company believes that it
will have funds available for defense and insurance coverage under
the non-exhausted primary and excess insurance policies. However,
unlike the older policies, many of the policies covering later
years (approximately 1984 and thereafter) have exclusions for any
asbestos products or operations, and thus do not provide insurance
coverage for asbestos-related lawsuits. Management believes that
the number of insurance carriers involved in the defense of the
suits, and the significant number of policy years and policy
limits under which these insurance carriers are insuring the
Company, make the ultimate disposition of these lawsuits not
material to the Company's consolidated financial position or
results of operations.

IntriCon Corporation is an international company engaged in
designing, developing, engineering and manufacturing body-worn
devices. IntriCon serves the body-worn device market by designing,
developing, engineering and manufacturing micro-miniature
products, microelectronics, micro-mechanical assemblies and
complete assemblies, primarily for bio-telemetry devices, hearing
instruments and professional audio communication devices. The
Company operates in one operating segment, the body-worn device
segment. The Company's core technologies is focused on three main
markets: medical, hearing health and professional audio
communications. In October 2012, it sold its 50% ownership
interest in Global Coils.

ASBESTOS UPDATE: NY Court Allows Joint Trial for 10 PI Cases
Judge George Silver of the Supreme Court, New York County, ordered
that the asbestos-related personal injury actions filed by William
N. Barton, Patrick W. Lowden, Jr., and Francis J. Smith will be
tried jointly.  Judge Silver also ordered that the asbestos-
related personal injury actions filed by Robert D. Freeman, Angel
Lamberty, Francis Marino, and Theodore Pendergast will be tried
jointly.  Furthermore, Judge Silver ordered that the asbestos-
related personal injury actions filed by Charles Dietrich, Robert
McDonald, and Ronald Yetter will be tried jointly.

In support of his decision, Judge Silver stated, "Plaintiffs have
established that there is sufficient commonality among the three
plaintiffs in the proposed Lung Cancer Group -- Barton, Lowden and
Smith -- so as to warrant a joint trial. Obviously, all three
plaintiffs suffered from lung cancer, meaning that the expert
medical testimony regarding the etiology and pathology of the
plaintiffs' conditions will be similar. All three plaintiffs in
the Lung Cancer Group are deceased, and each is represented by the
same law firm. Moreover, although the three plaintiffs did not
engage in identical occupations at identical worksites over
identical periods of time, all three plaintiffs allege exposure
from the same or similar products -- namely asbestos-containing
insulation, boilers, pumps and gaskets. Testimony and evidence
regarding most of these products and the type of asbestos exposure
that could result them will be identical or nearly so in all three
cases. The fact that Smith alone alleges exposure to asbestos-
containing floor tiles, arc proofing and arc shoots does not
warrant denying plaintiffs' order to show cause. Further, the
alleged periods of exposure for these three plaintiffs range from
the 1950s through the 1990s, and therefore, the state of art
evidence will sufficiently overlap. Accordingly, the Lung Cancer
Group actions will be tried jointly."

Judge Silver further stated, "Among the proposed Mesothelioma
Group, there is sufficient commonality among plaintiffs Freeman,
Lamberty, Marino and Pendergast to warrant a joint trial of their
actions. However, because Dietrich, McDonald and Yetter allege
exposure while working at a shipyard (Dietrich and Yetter) or
while serving in the Army (McDonald) it is appropriate to
segregate these actions as they potentially involve federal
government contractor defenses that would not be applicable to the
other cases."

Plaintiffs, v. A.O. SMITH WATER PRODS. CO., et al., Defendants,
DOCKET NO. 102900-2004, NO. 115214-2003., 100867-2004, 100988-
2004, 101357-2004, 116830-2003, 111778-2004, 104850-2004, 118280-
2003, 116648-2003 (N.Y. Sup.).  A full-text copy of Judge Silver's
amended decision and order, dated Dec. 9, 2013, is available at
http://is.gd/IDowL8from Leagle.com.

ASBESTOS UPDATE: NY Court Partly Junks PI Suit v. Islanders
Charles Conforti, Sr., and Janet Conforti seek to recover for
damages they have allegedly sustained on account of Mr. Conforti's
exposure to asbestos while working at the Nassau County Veterans
Memorial Coliseum for approximately 21 years. The Coliseum is
owned by the defendant County of Nassau.

Defendant New York Islanders Hockey Club, L.P., filed a motion for
an order dismissing the complaint against it on the grounds that
the all claims are time barred, that documentary evidence provides
a complete defense, and that the complaint fails to state a claim
upon which relief can be granted.

Judge Daniel R. Palmieri of the Supreme Court, Nassau County, in a
decision dated Nov. 26, 2013, granted in part Islanders' motion.
The judge denied the motion that is based on documentary evidence
after finding that because the Plaintiff began working in the
Coliseum prior to 1979 -- the date on the earliest lease agreement
presented by Islanders -- the Court could not find the documentary
evidence conclusive in Islanders' favor.

In the same order, Judge Palmieri granted ARAMARK Corporation's
cross motion, holding that ARAMARK is absent from all the leases
and amendments as a party who had any role in maintenance or
construction at the Coliseum as an owner or tenant, even assuming
that its legal position can be described as the latter.

The case is CHARLES CONFORTI, SR., and JANET CONFORTI, Plaintiff,
LLC, Defendants, 600858/13 (Sup Ct, Nassau County).  A full-text
copy of Judge Palmieri's Nov. 26, 2013 decision is available at
http://is.gd/gyd593from Leagle.com.

Attorney for Plaintiff is:

         DELL & DEAN, PLLC
         1325 Franklin Avenue, Ste. 100
         Garden City, NY 11530
         Tel: (516) 880-9700
         Fax: (516) 880-9707

Robert A. Spolzino, Esq. -- robert.spolzino@wilsonelser.com -- at
Wlison, Elser, Moskowitz, Edelman & Dicker, LLP, in Garden City,
New York, Attorney for Defendant County of Nassau and County of
Nassau Dept. Of Public Works.

John P. McEntee, Esq. -- jmcentee@farrellfritz.com -- and Kathryn
C. Cole, Esq. -- kcole@farrellfritz.com -- at Farrell Fritz, P.C.,
in Uniondale, New York, Attorney for Defendants New York Islanders
Hockey Club, L.P.

Joseph Salvo, Esq. -- jsalvo@gordonrees.com -- and Adam S.
Furmansky, Esq. -- afurmansky@gordonrees.com -- at Gordon & Rees,
LLP, in New York, Attorney for Defendants SMG Facility Management
Corporation, Savor, SMG, SMG Food and Beveral LLC.

Richard Fama, Esq. -- rfama@cozen.com -- at Cozen O'Connor, in New
York, Attorneys for Defendant ARAMARK Corporation.

ASBESTOS UPDATE: Calif. Court Affirms Order Dismissing "Hill" Suit
Charles E. Hill on August 6, 2012, filed a complaint against
Burnis Simon, Herbert Hafif, the Law Offices of Herbert Hafif, and
the Hafif Family Foundation.  The complaint alleges that Hill
worked as an employee of the law firm in a building owned by Hafif
and managed by Simon.  It further alleges that Hill was exposed to
airborne asbestos while working in the building and that
defendants concealed this exposure.  Based on these allegations,
the complaint purports to set forth a class action for battery,
premises liability and fraud.

The Plaintiff appeals an order dismissing his action with
prejudice.  The trial court entered the order after Hill failed to
appear at a hearing set pursuant to an order to show cause
regarding dismissal and sanctions.  In a decision dated Dec. 13,
2013, the Court of Appeals of California, Second District,
Division Three, concluded that the trial court did not abuse its
discretion when it dismissed Hill's case.  Accordingly, the Court
of Appeals affirmed the order.

The case is CHARLES E. HILL, Plaintiff and Appellant, v. BURNIS
SIMON et al., Defendants and Respondents, NO. B247668 (Cal. App.).
A full-text copy of the Decision is available at
http://is.gd/keCbSxfrom Leagle.com.

Charles E. Hill appeared on behalf of himself.  No appearances by
Defendants and Respondents.

ASBESTOS UPDATE: "McKay" Suit v. ConEdison to Proceed to Trial
Judge Sherry Klein Heitler of the Supreme Court, New York County,
denied Consolidated Edison Company of New York Inc.'s motion for
summary judgment filed in the asbestos-related personal injury
action titled MARGARET McKAY-O'DEA, as Administratrix for the
estate of SAMUEL McKAY, Plaintiffs, v. A.O. SMITH WATER PRODUCTS
CO., et al., Defendants, DOCKET NO. 190305/12, MOTION SEQ. 002
(N.Y. Sup.), after finding that the testimony of John Tax, a
former ConEdison mechanic, shows that there is an issue of fact
whether ConEdison knew of the hazards associated with the use of
asbestos-containing products at its powerplants.

A full-text copy of Judge Heitler's decision and order dated
Dec. 2, 2013, is available at http://is.gd/OiQ198from Leagle.com.

ASBESTOS UPDATE: Texas Court Junks Principal's Whistleblower Suit
Marcelino Franco was a principal at the Robert F. Kennedy Pre-K
Academy in the Ysleta Independent School District.  He sent a
memorandum to his immediate supervisor, the chief academic
officer, Gloria Polanco-McNealy, reporting various "asbestos
hazards" in the school and raising several "Administrative

Franco asserted that the current working conditions breached his
employment contract with the ISD and also the "2472 Code of Ethics
and Standard Practices for Texas Educators."  He requested a
transfer to another school within the district.  Ms. Polanco-
McNealy responded that the ISD's facilities department was unaware
of any asbestos at the school.  Several communications ensued
between Franco and Polanco-McNealy.  Eventually, the ISD
indefinitely suspended Franco, and he filed a whistleblower claim.

The trial court denied the ISD's plea to the jurisdiction.  The
court of appeals affirmed, holding that "Franco produced
sufficient evidence of his good faith belief that the [ISD's]
superintendent and trustees were authorized to regulate under or
enforce the Asbestos Act."  The court of appeals added that
Franco's evidence raised a fact issue about whether his belief was
objectively reasonable in light of his training and experience.

The Supreme Court of Texas, in an opinion delivered on Dec. 13,
2013, disagreed and held that, Franco has failed to show an
objective, good-faith belief that the ISD qualifies as an
"appropriate law-enforcement authority" under the Act.  Therefore,
the courts below erred in denying the ISD's plea to the
jurisdiction.  Accordingly, the Supreme Court granted the petition
for review and, without hearing oral argument, reversed the court
of appeals' judgment and dismissed the case.

MARCELINO FRANCO, Respondent, NO. 13-0072 (Tex.).  A full-text
copy of the Opinion is available at http://is.gd/J0pdtUfrom

ASBESTOS UPDATE: "Clayton" Suit Remanded to NY State Court
Judge Richard J. Arcara of the U.S. District Court for the Western
District of New York remanded to the New York State Supreme Court,
Erie County, the asbestos-related personal injury action titled
SYSTEMS CORP., et al., Defendants, NO. 13-CV-847-A (W.D.N.Y.).

The case is pending on a petition for federal-officer removal
pursuant to 28 U.S.C. Section 1442(a)(1). Defendant Crane Co.
removed the action from the Supreme Court, State of New York,
County of Erie, based upon information that plaintiff Edward
Clayton was exposed to asbestos while working with Crane Co.
valves and pumps while serving in the United States Navy Reserves
aboard the USS Rizzi from 1953 to 1957 and in the United States
Marine Corps aboard the USS Breckinridge from 1957 to 1959. The
action was referred to Magistrate Judge Hugh B. Scott under 28
U.S.C. Section 636(b)(1) for conduct of pretrial proceedings.

A full-text copy of Judge Arcara's Order dated Dec. 12, 2013, is
available at http://is.gd/dh32cLfrom Leagle.com.

ASBESTOS UPDATE: "Perry" Suit v. Railroad Friction Products Nixed
Plaintiff Alice Perry, as administratrix and in her own right,
asserts that her husband developed asbestos-related injuries while
installing and removing Railroad Friction Products Corporation
brake shoes located on various types of railcars.  RFPC argues
that the Plaintiff's complaint should be dismissed because her
claims are preempted by the Locomotive Inspection Act.  The
Plaintiff argues that the LIA does not preempt her claims because
the brake shoes that the Decedent was exposed to were not found on
a locomotive.

The sole issue in the case is whether the LIA operates to preempt
the Plaintiff's state law claims, especially in light of the
Supreme Court's decision in Kurns v. Railroad Friction Products
Corp., 565 U.S. ___, 132 S.Ct. 1261 (2012), which affirmed the
breadth of the long-standing field preemption of the LIA.
Specifically, the issue is whether the LIA's broad preemptive
scope covers the Plaintiff's claims relating to the Decedent's
exposure to brake shoes located on railcars, and not on

Judge Eduardo C. Robreno of the U.S. District Court for the
Eastern District of Pennsylvania held that the LIA operates to
preempt the Plaintiff's claims because the railcar brake shoes are
a "part or appurtenance" of the locomotive.  Accordingly, Judge
Robreno granted the Defendant's motion to dismiss.

The case is ALICE PERRY, Administratrix of the Estate of George
Perry, deceased and ALICE PERRY Plaintiff, v. A.W. CHESTERTON,
INC., ET AL., Defendants, MDL NO. 875 relating to CIVIL ACTION NO.
2:95-CV-01996-ER (E.D. Pa.).  A full-text copy of Judge Robreno's
Dec. 5, 2013, memorandum is available at http://is.gd/1st9wYfrom

ASBESTOS UPDATE: Ford Summary Judgment Bid in "Barawa" Suit Denied
In an asbestos personal injury action, defendant Ford Motor
Company moves for summary judgment dismissing the complaint and
all cross-claims asserted against it on the ground that there is
no material issue of fact whether plaintiff Robert Barawa was
exposed to asbestos fibers released from a product manufactured,
distributed, or sold by Ford.  The Plaintiffs argue that summary
judgment is inappropriate because Ford's products included
numerous asbestos-containing components manufactured by third-
party suppliers.

In a decision dated Dec. 2, 2013, Judge Sherry Klein Heitler of
the Supreme Court, New York County, granted Ford's motion for
summary judgment only with respect to the Plaintiffs' eleventh
cause of action for loss of consortium.  Otherwise, Ford's motion
for summary judgment is denied as the Court found that Ford's only
supporting proof with regards to its assertion that it has not
duty to warn against asbestos-containing products that were
manufactured by third-party supplies is an affidavit that lacked
documentary support.  This unsupported, uncross-examined evidence
cannot satisfy the Defendant's burden, Judge Heitler said.

v. ACKER DRILL COMPANY, et al., Defendants, NO. 190272/12, MOTION
SEQ. NO. 003 (N.Y. Sup.).  A full-text copy of Judge Heitler's
Decision is available at http://is.gd/KXYvGVfrom Leagle.com.

ASBESTOS UPDATE: Calif. Inmate's Suit Continues v. Supervisors
Markee D. Carter, a California state prisoner proceeding pro se,
filed a civil rights complaint alleging, among other things, that
PIA Supervisor Gary Loredo and PIA Manager Philip Earley
intentionally failed to include "exposure to asbestos" on the
worker's compensation form.  Liberally construed, Carter has
stated a cognizable claim of deliberate indifference lo health and

The Hon. Paul S. Grewal, magistrate judge of the U.S. District
Court for the Northern District of California, dismissed several
defendants, and served the complaint on the remaining defendants.
Defendants Brad Smith, Luu T. Rogers, Jeremy Young, John Walker,
K. Davis, and Elizabeth Babcock are dismissed from the complaint.

The Court directed the service of a Notice of Lawsuit and Request
for Waiver of Service of Summons to Supervisor Joe Dobie, PIA
Supervisor Cary Laredo, and PIA Manager Philip Earley at San
Quentin State Prison.

The case is MARKEE D. CARTER, Plaintiff, v. BRAD SMITH, et al.,
Defendants, CASE NO. C 13-4373 PSG (PR)(N.D. Calif.).  A full-text
copy of Magistrate Judge Grewal's Decision dated Dec. 5, 2013, is
available at http://is.gd/ZeQMLufrom Leagle.com.

ASBESTOS UPDATE: "Fuhrman" PI Suit Remanded to Calif. Court
The United States Judicial Panel, Multidistrict Litigation,
LITIGATION (NO. VI)), issued a conditional remand order on
Dec. 11, 2013, remanding the asbestos-related action titled
Fuhrman et al v. GENERAL ELECTRIC COMPANY et al. to the U.S.
District Court for the Northern District of California.  A full-
text copy of the MDL Court's Decision is available at
http://is.gd/eTKN2ifrom Leagle.com.

ASBESTOS UPDATE: Fibro Taking a Toll on Firefighters, Study Says
Nancy Grover, writing for Risk & Insurance, reported that exposure
to asbestos is believed to be responsible for a high rate of
mesothelioma among some firefighters. A new study shows
firefighters in three major cities had a rate of the cancer two
times greater than the country's overall population.

The findings are included in a study that shows higher rates of
several types of cancers among firefighters. The study confirms
results of other, smaller studies.

Cancers of the respiratory, digestive, and urinary systems
accounted mainly for the higher cancer rates in the study
population. It was the first study to identify an excess of
mesothelioma in U.S. firefighters, the researchers said.

Mesothelioma is described as a rare form of cancer that is
typically seen in the outer lining of the lungs and internal chest
wall. It is most commonly associated with exposure to asbestos.
For the study, the researchers analyzed cancers and cancer deaths
among nearly 30,000 firefighters in Chicago, Philadelphia, and San
Francisco through 2009. The firefighters had been employed since

The study was led by NIOSH in collaboration with the National
Cancer Institute and the Department of Public Health Sciences in
the University of California at Davis and was supported in part by
funding from the U.S. Fire Administration.

The findings did not address other factors that can influence
risks for cancer such as smoking, diet, and alcohol consumption.

"In a second phase of the study, the researchers will further
examine employment records from the three fire departments to
derive information on occupational exposures and to look at
exposures in relation to cancer incidence and mortality,"
according to the study.

ASBESTOS UPDATE: Fibro Testing, Removal Planned for High School
Sanatoga Post reported that given the age of Pottsgrove High
School, built in 1955 and renovated several times since, it might
have been considered inevitable that asbestos materials were used
in some of its construction. Now that the Kauffman Road building
is undergoing extensive repair, and may be the subject of
renovation and expansion beginning in 2014, the Board of School
Directors has hired expert help for lead-based paint and asbestos
testing and removal there.

Directors agreed unanimously and without comment on Dec. 3, to
sign a contract for the work with JMSI Environmental Corp. at a
cost of $7,380. The agreement was recommended by Superintendent
Shellie Feola as a business action item on the board's agenda.

Specifics of its scope of work, and a potential timeline for
completion, were not discussed. However the district's "Board
Notes" newsletter, published following the meeting and distributed
by e-mail, said the firm will develop specifications "to be
incorporated in the bids" for the renovation project.

JMSI is located in Swoyersville PA (Luzerne County), and "has been
providing environmental consulting, testing and compliance
services to local and regional clients" for more than 20 years,
according to its website. It has done work for the Norristown
Area, Saucon Valley, Bethlehem, Nazareth, Wallenpaupack Area,
Delaware Valley, Hazleton Area, Hempfiel and Mifflin County school
districts, and other clients, the website reported.

The company specializes in Asbestos Hazard Emergency Response Act
compliance programs for Pennsylvania schools, the website added.

ASBESTOS UPDATE: MP Highlights Case of Fibro Killing Family
Hartlepool Mail reported that the MP in Hartlepool, England, has
welcomed a new compensation fund for victims of mesothelioma --
but has slammed the Government for not going far enough to give
sufferers justice.

Iain Wright described the diagnosis of the aggressive form of
cancer caused by exposure to asbestos as a "death sentence".

Speaking in the House of Commons, Mr Wright said thousands of
people in Hartlepool have died painful deaths as a result of the
danger they were exposed to at work, and says tragically there are
more deaths to come.

The MP said the North-East is the worst-affected region, with
Hartlepool being the 16th worst-affected constituency in the
country.  He said he was once made aware of a tragic case in the
town when a woman lost her father, husband, son and then her own
life to the killer disease.

Under a proposed new GBP350m fund, sufferers will now be able to
get damages if they are unable to trace the employers who exposed
them to the deadly dust.  But Mr Wright has criticised the
legislation, saying some aspects of the bill are "monumentally

Only people who were diagnosed after July 2012 will receive
payouts and those payouts will only be 75 per cent of the average
asbestos compensation levels.

The compensation fund is also only for those who were directly
employed, which Mr Wright criticised for failing to take into
account wives and children who have been exposed at home.  He told
the Mail: "It's a step in the right direction, but it doesn't go
far enough.

"Sufferers have had to fight for far too long. Yet despite the
thousands who have died as a result of this awful disease only
those who have been diagnosed after July 2012 can claim, that is
just monumentally unfair."

Mr Wright added: "We in Hartlepool suffer more than our fair share
of mesothelioma and asbestos-related deaths because of our
industrial legacy.

"My town was a major centre for heavy manufacturing, which was
based around the docks, shipyards and steelworks.

"Firms such as Richardsons, Westgarth and Co and William Gray and
Co are long gone, but are ingrained in the social history of my
town, having provided employment for many generations of

"However, asbestos was regularly used in those environments for
lagging and other purposes, and employees were far too often not
provided with proper protective clothing or equipment.

"We should think about the families, and the tragedy that we have

"When I do, it brings to mind one of the most tragic cases that I
have heard of in my constituency.

"A woman who was brought up in a community of laggers lost her
father, then her husband, then her son, and finally her own life,
to mesothelioma. All because of exposure to asbestos in the
workplace as a result of negligent employers.

"Far too many of my constituents are suffering from this disease,
and to make matters even worse, they are not seeing justice done
or getting compensation for their suffering."

ASBESTOS UPDATE: MDL Court Awards Summary Judgment to 3 Companies
HarrisMartin Publishing reported that the court overseeing the
national asbestos coordinated docket has awarded summary judgment
to Union Carbide, Lufkin Industries and Georgia-Pacific, after
determining that "no reasonable jury" could find that the decedent
was exposed to the defendant's products with frequency and

The three defendants had all moved for summary judgment
challenging product identification and the claims under South
Carolina's door-closing statute. In separate orders released
Dec. 2, the U.S. District Court for the Eastern District of
Pennsylvania addressed each motion in turn.

ASBESTOS UPDATE: 2nd Geologist Confirms Fibro at Proposed Mine
Mike Simonson, writing for Wisconsin Public Radio News, reported
that a second scientist now confirms that asbestos-like fibers
exist in the rock formations of the proposed iron ore mine in the
Penokee Hills, in Wisconsin. That confirmation also comes with a
warning: that these fibers are dangerous if the rock is disturbed.

Iron formation with high concentrations of grunerite from rock at
a U.S. Steel bulk sampling site. The grunerite is the white-to-tan
mineral within the light band of the rock.

Northland College Professor Tom Fitz first found asbestos-like
fibers in the Penokees two months ago. Since then, he's discovered
more sites of what he calls "a heavy, dangerous concentration."
Now, he's gotten confirmation from a geology professor at Lawrence
University in Appleton.

Fitz says the minerals are a threat to the air and water if
blasted by mining company Gogebic Taconite. "That is definitely
among the most dangerous of asbestos minerals. We're talking about
levels of danger that . . . we really don't want to go there in
terms of inhaling this stuff. This is clearly a health hazard."

Lawrence University Geologist Marcia Bjornerud examined the
grunerite mineral samples sent by Fitz from an abandoned rock
sampling site in Ashland County used by U.S. Steel around 1960.
"Enough different people have looked at these rocks with enough
different analytical methods that at this point it's not a
question of whether asbestos-form grunerite is there: It is there.
The more important question is how extensive is it across the
Penokee Range? That's what we don't know yet."

The Department of Natural Resources also found asbestos-form
fibers there. In a letter sent to the DNR last month, however,
GTAC contends it is unlikely those fibers exist there. Bjornerud
says ignoring the science puts public health at risk. "At this
point it's really ridiculous for GTAC to say that there is no
evidence. It's been shown and it's in their court to produce some

GTAC wrote in that same letter to the DNR that they won't examine
the area where the grunerite was found during its rock sampling.

ASBESTOS UPDATE: Probe Conducted After Fibro Scare at Bechtel Site
Mara Pattison-Sowden, writing for Gladstone Observer, reported
that Workplace Health and Safety Queensland is currently
investigating a case of asbestos found on Bechtel's Australia
Pacific LNG site, while unions claim that Bechtel refused to let
workers water the area for safety.

But a Bechtel spokesperson said there was no need to water down
the area as all materials were bonded in cement, therefore no
friable materials were released.

WHSQ representatives deemed the site safe for works to continue
over the weekend, although the specific area remains restricted
under state procedures.

It is not the first asbestos scare on the Curtis Island LNG

Almost 100 electrical workers were exposed to white asbestos
contained in prefabricated buildings brought in from overseas, in
August last year.

But this time the asbestos is said to have been found in mulch
from the Rockhampton tip.

With the use of asbestos banned on site on any Bechtel or
ConocoPhillips projects, investigations are also underway

A Bechtel spokesperson said a subcontractor on the APLNG project
notified Bechtel that small pieces of "bonded cement sheeting" had
been found inside a product used as part of sediment control, on
the periphery of the site.

One worker, speaking anonymously to avoid repercussions, said the
green recycled mulch came from the Rockhampton tip, and it was
workers who were putting the mulch into bags used for water run-
off who discovered the white fibro cement sheet.

"When they found out about it (the workers) were a bit unhappy
because they believe they should have been told earlier and they
requested the area be hosed down to eliminate any airborne
particles," he said.

"Apparently Bechtel said no, it was all okay."

Bechtel Gladstone general manager Kevin Berg said Bechtel made it
clear the use of asbestos on site was not allowed on Bechtel
projects, "and we make that very clear in our purchasing and
subcontract documents".

"We want a safe and healthy work environment for all our people
and together, we work relentlessly every day to achieve that," he

"How the sheeting became part of the recycled material, and where
it came from is something we are working to determine."

ASBESTOS UPDATE: RFPC Dismissed From Suit, Claims Preempted by LIA
Jon Campisi, writing for The Pennsylvania Record, reported that a
federal judge in Philadelphia has dismissed Railroad Friction
Products Corp. from an asbestos suit brought by a deceased
laborer's widow, ruling that the defendant was correct to assert
that the plaintiff's claims are preempted by the Locomotive
Inspection Act.

Alice Perry had argued in court papers that the LIA does not
preempt her claims because the brake shoes that her late husband,
George Perry, was exposed to were not found on a locomotive.

The woman alleges that her late spouse had developed asbestos-
related injuries while installing and removing Railroad Friction
Products Corp. manufactured brake shoes that were located on
various types of railcars.

The sole issue in the case, according to U.S. District Judge
Eduardo C. Robreno, was whether the Locomotive Inspection Act
preempted Perry's state law claims, especially in light of the
U.S. Supreme Court's decision in Kurns v. Railroad Friction
Products Corp., which Robreno said affirmed the "breadth of the
long-standing field preemption of the LIA."

In Perry's case, Robreno wrote, the issue was whether the LIA's
broad preemptive scope covered the woman's claims relating to her
late husband's exposure to brake shoes located on railcars, and
not on locomotives.

Robreno determined that the LIA preempts the plaintiff's claims
because the railcar brake shoes are a "part or appurtenance" of
the locomotive.

In Kurns, the jurist wrote, the high court reaffirmed the 85-year-
old decision of Napier v. Atlantic Coast Line, which held that
state requirements of certain safety equipment on railroads were
preempted by the LIA.

In the Kurns litigation, the plaintiff brought state law claims of
defective design and failure to warn, alleging that his exposure
to asbestos-containing products led to him developing
mesothelioma, the record shows.

The man's wife in that case pursued the litigation following her
husband's passing.

In Kurns, the plaintiffs had argued that the LIA didn't preempt
their state law claims since the Federal Railroad Safety Act
limited the scope of field preemption as defined by Napier.

The courts, however, determined that while there is a preemption
provision in FRSA that says a state may "adopt or continue in
force" a rule or regulation related to railroad safety until the
secretary of transportation issues a rule or order covering the
subject matter of the state requirement, the provision does not
limit the field preemption prescribed in Napier.

The FRSA, the courts ruled, is a "gap-filler" statute, which
"leaves existing statutes intact ? and authorizes the Secretary to
fill interstitial areas of railroad safety with supplemental
regulation," Robreno's memorandum notes.

The FRSA, therefore, had no effect on the scope of preemption as
defined by Napier, Robreno noted.

Robreno also pointed out that in Kurns, the court rejected each
argument by the plaintiffs in support of their contention that
their state law claims were outside of the field that Napier found
to be preempted by federal law.

One example given was the plaintiffs' argument that sought to draw
a distinction between the use of locomotives and locomotive
equipment on the railroad line versus the repair and maintenance
of such equipment off the line.

The plaintiffs in that case had argued that LIA preemption
extended only to the use of locomotives and equipment while trains
were in use, but didn't extend to the repair and maintenance of
locomotives in facilities dedicated to such repair and

"The Court rejected this 'attempt to redefine the pre-empted
field,'" Robreno wrote. "The petitioners' state law claims were
'aimed at the equipment of locomotives[,]' and thus were 'directed
to the same subject' as the LIA, and therefore 'Napier dictates
they fall within the pre-empted field.'"

In the Perry case, the plaintiff argued that the asbestos
containing brake shoes located on railcars don't fall into the
category of a locomotive part or appurtenance, while the defendant
asserted that the purported "railcar distinction" that Perry
asserted was without merit.

"What is a 'part or appurtenance' under the LIA has been
judicially defined by several courts," Robreno wrote. "The Supreme
Court defined the scope of 'every part of the locomotive and
tender and of all appurtenances' as 'whatever in fact is an
integral or essential part of a completed locomotive, and all
parts or attachments definitely prescribed by lawful order' of the

Robreno also noted that the Third Circuit U.S. Court of Appeals
found that asbestos insulation on locomotive boilers and brakes
"undoubtedly" fell into the category of parts and appurtenances.

In the present case, Robreno wrote that there is no doubt Perry's
claims are preempted by the LIA.

"Even though the asbestos-containing products to which Plaintiff
alleges Decedent was exposed were on railcars rather than on
locomotives, such products are covered by the broad scope of LIA
preemption," Robreno wrote.

The judge went on to write that it would lead to an "absurd
result" if state law claims pertaining to locomotive brake shoes
were preempted by federal law, but claims relating to the same
exact parts that were connected to the railcars were not.
"Uniformity is a primary goal of federal railroad regulation,"
Robreno wrote.

"And, just as it would be difficult to ensure that a self-
propelled locomotive could meet each state's laws, it also would
be difficult to ensure that a railcar that is not self-propelled
but that travels across state lines as frequently as the
locomotive pulling it could meet each state's restrictions."

ASBESTOS UPDATE: Family Faces Eviction From Fibro-Infested Home
Bianca Castro, writing for Harlow Star, reported that a family
forced to leave their home because of asbestos are facing eviction
after falling into arrears.

The Fry family were moved out of their Harlow Council, United
Kingdom home and into temporary accomodation in April after
asbestos was found in the property.  Since October Steven, 37,
Cindy, 34, and their three children have been relying on the
goodwill of their family after the council removed them from their
temporary accommodation.  Mr Fry has now fallen into rent arrears
and could face eviction from his home after his housing and
council tax benefits were stopped.

"I wasn't aware but by not living in the property, those benefits
were stopped which helped me pay what I needed to," Mr Fry said.

"As a result we've fallen into rent arrears and are now being told
we face eviction. I only found out because I had to go back to see
if we had any post."

The property was environmentally cleaned but Mr Fry claimed it was
still in a "bad condition".

The family were offered another property by Harlow Council which
Mr Fry said was "just as bad."  He added: "We have lost all our
possessions because they could have been contaminated by the
asbestos, we have nowhere safe or clean to live and it seems to be
a really vicious situation.

"We thought we'd be home by now but it looks like we won't have a
home for Christmas."

Cllr Rod Truan, portfolio holder for housing, said the home was
cleaned "in accordance with normal procedures" before specialist
companies carried out independent asbestos checks.  He said: "Both
companies found no trace of asbestos dust and deemed the property
safe to live in.

"We allowed the family extra time in temporary accommodation and
made offers to them of suitable permanent accommodation which have
now been successfully re-let to other families. We have done
everything we can to meet the family's needs."

ASBESTOS UPDATE: New Hope for Ill Workers After UK Gov't U-Turn
Western Daily Press reported that people who were exposed to
asbestos at work and succumbed to cancer as a result have received
a major boost after a United Kingdom Government U-turn.

Thousands of people have been left unable to claim much-needed
compensation after developing the so-called 'Swindon Disease' of
mesothelioma, because the firms that employed them many decades
ago have long-since gone bust and no insurer could be traced to
pay up.

For years campaigners on the issue, including Wiltshire solicitor
Brigitte Chandler, have called on the Government to order a
funding pool by the insurance industry to make sure those left
unable to claim can do so.

The insurers fought back, and came up with their own proposals
which Ms Chandler said would have made it more difficult for those
stricken with the lung conditions to mount cases quickly and

The Government had previously sided with the insurance industry's
proposals, but now ministers have backtracked, and signalled that
the fund should be easy to access.

Shailesh Vara, the under-secretary of state at the Ministry of
Justice, announced the Government was rejecting the proposals from
the Association of British Insurers.

It will now mean thousands of workers, from building labourers and
plumbers to farmworkers and welders, who were exposed to asbestos
but whose employers have long since disappeared, can claim.

The decision is a victory for campaigners -- including doctors,
lawyers, charities and families -- who believed the proposals from
the insurance industry would have been unfair, resulting in
victims receiving less money and having to wait longer for it,
said Ms Chandler, who has successfully won compensation for
thousands of victims over the years, mainly from the old GWR or
British Rail Works in Swindon, but also from further afield across
the West.

"Many claimants have a limited life expectancy. In cases where
there are no dependents, it is vital we settle these cases as
quickly as possible so they have the best possible care for what
remains of their life or will at least know their families will
face fewer financial worries."

Under provisions within the Mesothelioma Bill which had its second
reading in the House of Commons this week, the Government is to
set up a fund for workers who develop asbestos-related diseases
while working for companies that no longer exist and where there
is no insurance.

"The proposal is that they will receive 75 per cent of
compensation which would have been awarded if their employer's
insurers had been able to be identified. Until now, claimants in
such cases had received nothing.

"This is welcome news although there is a case for arguing that
claimants should receive the full 100 per cent," said Ms Chandler.

"There will be an opportunity to table amendments to the Bill."

ASBESTOS UPDATE: Northern Sun Completes Timmins Site Remediation
Northern Sun Mining Corp. (formerly Liberty Mines Inc.) reported
on Dec. 10, 2013, the successful completion of the asbestos
remediation program at its Timmins properties, more specifically
its Redstone Mill site and its McWatters Mine site. In particular,
the order to suspend activities at site has been revoked by the
Ministry of Labour.

In addition, the Company announces its intention to officially
close the McWatters nickel mine in Timmins and will begin site
rehabilitation measures in 2014. Site rehabilitation at the
McWatters mine will be fully funded by reclamation bonds currently
on deposit with the Ministry of Natural Resources.

                 About Northern Sun Mining Corp.

Northern Sun owns two former producing nickel mines and a large
prospective land package in the Shaw Dome area, a prospective
nickel belt near Timmins, Ontario. Northern Sun owns the Redstone
Mill which has operated as the only nickel concentrator in this
Region. The Mill was designed with two processing circuits which
is permitted to operate in tandem at 1,500 tonnes per day ("tpd"),
but with the flexibility to operate independently processing two
different ore types, each at 750 tpd. In 2014, the Company intends
to re-open the mill to offer toll milling services to a variety of
deposits in the Timmins Camp and general area.

Contact Info:

Northern Sun Mining Corp.
David Rigg
President & CEO
+1 416-861-5889

Northern Sun Mining Corp.
Mike McAllister
Manager, Investor Relations
+1 416-309-2134

ASBESTOS UPDATE: Fibro Victim's "Second Wave" Fear
Maria Galinovic, writing for St. George & Sutherland Shire,
reported that about 18 months ago Pat Rogan was enjoying a winter
holiday with his wife in the warmth of north Queensland, Australia
when his usually robust health began to fail.

He was taking antibiotics for a minor infection but that did not
explain the sudden decline.

Mr Rogan, of Alfords Point, cut short his holiday and returned to
Sydney to discover his left lung had collapsed. More tests showed
he had mesothelioma, the asbestos disease.

Mr Rogan's mind immediately went back 50 years to that oil
refinery at Silverwater where he worked as an electrician and
technician for several years and where he was in daily contact
with asbestos products.

"That asbestos dust was in the back of my mind when mesothelioma
became well-known," he said. "I knew I had been exposed to it but
after 50 years I thought I had missed that bullet."

In the five decades between exposure and diagnosis Mr Rogan, 77,
became an engineer, followed by a political career as the Labor MP
for East Hills until his retirement in 1999.

After politics he went on to be chairman of ClubsNSW and president
of Revesby Workers, but has had to put a stop to all his community
work to focus on getting well.

Chemotherapy has worked wonders, but the next six months will
"make or break" Mr Rogan's health.

"There is no cure at this stage -- half the people diagnosed in
2012 are no longer with us," he said.

"I try to adopt a positive attitude because the cavalry could be
over the next hill and riding closer."

He expects that the cavalry carrying a cure will ride out of the
Asbestos Diseases Research Institute (ADRI), whose mission is
education, prevention, treatment and research of asbestos-related

While waiting, Mr Rogan is keen to promote education and
awareness.  He is concerned for the "second wave" of mesothelioma
sufferers -- the home renovators, who according to an ADRI
campaign, are playing "renovation roulette" by inhaling dangerous
asbestos fibres while renovating or maintaining homes.

Australia has one of the highest rates of asbestos-related illness
in the world, and unless homeowners start taking warnings
seriously, numbers will continue to rise.

Asbestos can be found under floor coverings such as carpets,
linoleum and vinyl tiles, behind wall and floor tiles, in cement
floors, internal and external walls, ceilings, eaves, garages,
roofs, around hot water pipes, fences, extensions to homes,
outdoor toilets, backyard and farm sheds, chook sheds and even dog

The message is that it is essential people don't cut it, don't
drill it, don't sand it, don't saw it, don't scrape it, don't
scrub it, don't dismantle it, don't tip it, don't water blast it
and don't dump it.

ASBESTOS UPDATE: UK Teacher's Death Prompts Fibro Warning
Marion Potts, who died at the age of 63, claimed she worked in
different schools across the country, including Hardley School in
Holbury, and Romsey School, in the United Kingdom, until two years

As reported by the Southern Daily Echo, it is still unknown which
school exposed Mrs Potts to asbestos. Education authorities have
confirmed that both of the Hampshire schools were safe.

According to the Southern Daily Echo, it is alleged that the only
place Mrs Potts could have come in contact with asbestos was in
the school walls. Southampton Coroner's Court said:

"It's certainly the first case that I have dealt with but I
understand it's turning into a matter of major concern.

I hope all the necessary steps are taken in the future to ensure
the elimination of this substance."

Mr Wiseman added: "Mrs Potts particularly mentioned a variety of
occasions such as basic matters like putting up a display with
drawing pins where this material would come out of the walls or
when they were damaged by pupils.

"It looks as if Mrs Potts was very unlucky during her working life
as this is the only possible asbestos exposure identified."

As reported in the article, it is believed that Mrs Potts was the
first teacher in the region to die of mesothelioma. However, the
co-founder of Hampshire Asbestos Support and Awareness Group
(HASAG), said:

"This is not the first teacher in Hampshire to get mesothelioma
through exposure at school. We've seen a handful of teachers that
have been diagnosed with mesothelioma over the years. It is an
ongoing problem, as around 90 per cent of schools still contain

Commenting on the news, Adriano D'Ambrosio, Executive at Asons
Solicitors, said that:

"Mesothelioma can lead to a slow, painful death, and it can take
up to 50 years for the symptoms to show themselves."

"According to the HSE statistics, 183 teachers and lecturers died
from mesothelioma between 1980 and 2000. People tend to associate
asbestos exposure with the construction industry exclusively, but
this story shows that such health risk is not limited to those
operating in the building trade."

"If Mrs Potts had been exposed to asbestos, as a result of her
employment, it is unjust that measures were not taken to protect
her welfare and that of pupils, who may also have been exposed to
asbestos dust."

As reported by the Southern Daily Echo, Mrs Potts' husband Michael
has said he is not considering legal action. He stated:

"These buildings are 50 years old and asbestos will come out
because kids are always running around, banging into things and
people stick things into the wall.

"She was never made aware of these dangers. That annoys me beyond
belief and I intend to make a nuisance of myself as there has been
a lot of complacency."

Asons Solicitors have a dedicated team of industrial disease
specialists, dealing with cases of asbestos related diseases;
giving people legal advice, particularly in the area of
mesothelioma compensation and asbestosis compensation. Exposure to
asbestos can be deadly, and Asons urge anyone who feels they may
have been exposed to asbestos fibres to consult their GP
immediately for a consultation, and contact an industrial disease
specialist for legal representation.

Asons Solicitors suggest that if someone would like to learn more
about the industrial disease compensation process, or if they
would like to better understand the condition, that information is
available at http://www.asons.co.ukor via an expert helpline on
01204 521 133

                   About Asons Solicitors

Asons Solicitors is a Bolton-based law practice that specialises
in personal injury and industrial disease claims. Founded by
brothers Imran Akram and Kamran Akram, Asons Solicitors has
developed to become a young and dynamic law firm that delivers
practical solutions to clients in times of difficulty. Their
continued focus on their staff has seen them awarded with the
Investors in People "Gold Award"; which is reflected in the
professional and personable approach they take in working with
clients. They strive to grow and to develop, and their
supportiveness and attention to detail ensures that their clients
use them time and again.

For further information contact:
Email: info@asons.co.uk
Website: http://www.asons.co.uk

ASBESTOS UPDATE: Lead Paint, Fibro Found in Dawson City Bank
CBC News reported that renovations to the historic CIBC bank in
Dawson City, Canada, are on hold until its lead paint and asbestos
can be dealt with.

The town recently received a hazardous materials report prepared
by Energy North Construction.

Jeff Renaud, Dawson City's Chief Administrative Officer, says the
report reveals a significant amount of asbestos and lead paint in
the building.

"We originally investigated the total removal of the hazardous
materials," he said.

"That was proven to be beyond the financial capabilities of the
project at this time, so the project team has moved their focus
toward encapsulation, the sealing off of the material."

Renaud says once the material is sealed off, the restoration work
can get underway.

The town bought the building from former owner Mike Palma for
$170,000 earlier this year.

The branch opened in 1898 during the gold rush. Poet Robert
Service worked at the bank in 1908 following a stint at the bank's
Whitehorse branch.

ASBESTOS UPDATE: Lawyers Hail UK Government Rejection of Reforms
Nottingham Post reported that a city law firm has welcomed an
announcement from the British Government that the way claims over
asbestos-related diseases are dealt with will not change.

The insurance industry wanted alterations to how the claims were
dealt with.

Many personal injury claims are now processed via an online

Cases run under the portal protocols are subject to fixed legal
costs giving claimant lawyers' limited scope for proper
investigation, sparking concerns that the reforms are limiting
access to justice for the injured.

At present this system does not apply to mesothelioma claims.
However, the Association of British Insurers has made proposals
that it should be extended.

But the plans have been rejected by Government.

Chris Stansfield, a partner at Nelsons Solicitors, specialising in
industrial disease cases, said: "In view of these changes it is
even more important to ensure that a specialist lawyer with
experience of handling mesothelioma claims is instructed.

"They will be able to minimise legal costs, avoid incurring
unnecessary delays, and can carry out a thorough risk assessment
at the outset to avoid unnecessarily taking out insurance."

ASBESTOS UPDATE: Mernda Cleanup Begins After Fibro Contamination
Cheryl Balfour, writing for Whittlesea Leader, reported that
asbestos-contaminated topsoil will take days to be cleared from a
development site in Mernda, Victoria, Australia.

The soil was brought to the Stockland development as fill to level
out the site near the intersection of Masons and Pearson roads,
with the contamination first suspected on November 29.

Stockland spokesman Greg Spears said the site was isolated and
tests confirmed the presence of asbestos on December 4.

Certified contractors were hired to remove and dispose of the
hazardous material and conduct a thorough site inspection after
the clean-up.

Mr Spears said nearby residents were advised of the issue on
December 9, the day before the clean-up began.

"The material was used as topsoil to cover an area that is
approximately 100 metres long and 30 metres wide and 100
millimetres deep," Mr Spears said.

"All of the asbestos-containing material will be carefully and
safely removed from site over the next four to five days, and will
be replaced by new, clean topsoil.

"All necessary precautions are being taken to ensure the safe and
expedient removal of the material and the site has been fenced off
to prevent public access.

"The recent rain has acted as a natural suppressant to prevent the
release of any airborne particles, a water truck with sprinkler
system is on site, and air quality is being constantly monitored.

"The health and safety of our residents, contractors and staff is
our highest priority and Stockland will take all necessary safety
measures to rectify the situation."

Alarmed residents phoned the Leader to report they could see men
in full-bodied protective suits and masks inspecting the area.

Yellow tape and warning signs enclose the contaminated area.

WorkSafe and the Environmental Protection Authority are involved.

For information about the dangers of asbestos and how it should be
handled, go to asbestos.vic.gov.au

ASBESTOS UPDATE: Advocacy Group Calling on Pay for N.L. Miners
Occupational Safety reported that the Newfoundland and Labrador
government must take immediate action to ensure fair compensation
for the health problems suffered by former asbestos miners and
their families, a new advocacy group says.

If necessary, the government should pass emergency legislation to
ensure justice for former miners and their families, according to
the Baie Verte Asbestos Miners Campaign, which includes former
asbestos miners, workplace health and safety researchers and
labour activists.

"The Baie Verte Miners Registry must not be put on the shelf. It
must be used as an instrument to help deliver justice to former
miners, their families and communities," the advocacy group states
in a letter delivered to Premier Kathy Dunderdale, Dan Crummell,
the minister responsible for the Workplace Health, Safety and
Compensation Commission and to Leslie Galway, the commission's
chief executive officer.

The Baie Verte Miners Registry, completed and released earlier in
2013, "confirms that most Baie Verte miners received more exposure
to asbestos fibres in a matter of months than the law permits for
a lifetime," the advocacy group states in its letter.

"Yet only 36 per cent of registrants with medically verified
asbestos-related diseases who made claims for compensation were
successful," the letter states.

Paul Demers, a leading authority on occupational cancers and a
member of the Baie Verte Registry's scientific team, advised the
Workplace Health, Safety and Compensation Commission in September
that such extremely high levels of exposure should lead it to a
"presumption of acceptance" for compensation claims. These include
claims for all asbestos-related diseases, including gastro-
intestinal cancers and chronic obstructive pulmonary diseases.

The Baie Verte Asbestos Miners Campaign is now calling on the
commission to take steps to implement key findings of the registry
project, including:

   * immediately exempt all former employees of the Baie Verte
asbestos operations from restrictions on the recognition of a
claim for asbestos-related diseases

   * publicize this exemption

   * provide resources for former miners who are not registered to
register their medical and employment records and receive the
appropriate exposure assessment

   * accept applications to reconsider previous claims from Baie
Verte miners, based on the new exemption

   * ensure adequate resources for the Office of the Workers'
Advisor to assist Baie Verte miners

   * support a screening program for former workers and their
families, to reduce the risk and the consequences of further
incidence of asbestos-related diseases.

"In the event that these changes to commission policy and practice
cannot be made expeditiously, we call upon the Legislature to pass
emergency legislation to make it happen," the Baie Verte Asbestos
Miners Campaign letter states.

ASBESTOS UPDATE: Demolition Work Agreed for Ilfracombe Bus Station
Tony Gussin, writing for North Devon Gazette, reported that
contracts to demolish the former bus station in Ilfracombe, North
Devon and clear asbestos from the site have been approved by
Ilfracombe Town Council.

The council bought the site for GBP750,000 last month after
borrowing GBP1 million from the Public Works Loan Board for the
acquisition, to allow for demolition and site development.

Councillors agreed to award a 'phase one' contract to LA Moore at
a cost of GBP27,981 plus VAT, to remove all asbestos on site,
including in the ticket office building, together with the removal
of the roof of the workshop buildings.

A 'phase two' contract costing GBP24,850 plus VAT will be awarded
in due course to Notts Contractors, for demolition of the ticket
office, removal of certain wastes inside the workshop, and the
reduction or removal of the workshop walls.

It is also planned to remove the pavement sections near the former
bus parking bays and certain other preparatory works, ready for
final surfacing.

The council plans to use the site for car parking for now, with
further plans expected following consultation in the town.

In his report to the council, Councillor Paul Crabb said it was
anticipated to award the phase one contract immediately, with a
start date of later this month or early January.

He said phase two needed to be awarded 'at a moment's notice' and
it was agreed to delegate that decision to the bus station working
group, which include the Mayor.

ASBESTOS UPDATE: Deadly Dust Found Outside Blackpool School
Katie Upton, writing for The Blackpool Gazette, reported that
asbestos was dumped outside a Blackpool, United Kingdom primary

Children from Langdale Free School in North Shore were kept inside
as a precautionary measure after bags of the fibres, which can
cause serious illness, were discovered.

The white asbestos was found in the back ginnel behind the school
on Warbreck Drive by a neighbour, who immediately notified school

Environmental Health teams from Blackpool Council were called in
and children were kept inside the school's two buildings, either
side of Knowle Avenue, as a safety precaution.

The substance was removed by Blackpool Council teams the day after
it was found.

School principal Carol Stallard said: "A neighbour came to tell us
somebody had dumped something like asbestos.

"We rang Environmental Health and followed their advice as regards
safety of children.

"We've been told it's not a danger, we are assured it's not a
problem. But safety always comes first.

"It is disappointing that people are so irresponsible that they
would do this."

The incident meant an infant nativity due to be staged at the
school has been postponed.

ASBESTOS UPDATE: GTAC Says Toxic Dust Merely Issues in Media
Mary Annette Pember, writing for Indian County Today, reported
that Gogebic Taconite, the company that is seeking to dig the
world's biggest open pit iron ore mine near the Bad River Ojibwe
Reservation in Wisconsin continues its battle with the tribe and
the state Department of Natural Resources.

The DNR recently released public information regarding GTAC's plan
to conduct bulk sampling of the area in the Penokee Mountains in
Northern Wisconsin. Despite repeated requests from the DNR, the
Florida based mining company still has not addressed concerns
about how they will contain asbestiform minerals or the presence
of sulfuric acid from pyrite infused rock. Indian Country Today
Media Network called attention to the Wisconsin Geological Survey
documented presence of grunerite in minerals contained in the
proposed mining site. The National Academy of Sciences cites
grunerite as one of the most toxic forms of asbestos.

GTAC leaders continue to deny the presence of grunerite in the
area. GTAC mining engineer Tim Myers is quoted in the Progressive
Magazine dismissing the presence of asbestos. "Asbestos and acid
mine drainage are merely issues in the media," and not elsewhere"
he said.

In the same article, GTAC CEO Bill Williams maintains that there
are no scientific studies confirming the presence of asbestos.

In August of 2013, ICTMN quoted geochemist Joseph Skulan about the

"They (GTAC) claim there is no asbestos," said Wisconsin resident
Joseph Skulan, Ph.D., a geochemist until last May with UW-Geology
Museum and now a research professor at the University of Arizona.
"Their response is a lie or it indicates scientific incompetence.
This should kill the mine."

Earlier this year, Wisconsin's Republican-led legislature passed a
controversial change in mining laws that permit open pit iron ore
mining in the state. GTAC lobbyists were deeply involved in
rewriting the law. ICTMN reported on the deregulation bill that
has been widely opposed by tribes, environmentalists, scientists
and local governments.

Despite the relaxed regulations of the new bill, however, GTAC is
continuing to struggle with getting approval from the DNR. Once
the company provides complete information to the DNR, the agency
will have 60 days to approve the plan before further work goes

ASBESTOS UPDATE: UK Court to Rule on NHS Treatment Cost Recovery
BBC News reported that a legal dispute over an attempt to force
companies to pay the medical costs of staff made ill by asbestos
has been referred to the U.K. Supreme Court.

A bill passed by AMs would make firms reimburse the NHS for
workers needing treatment due to exposure to asbestos.

The Welsh government's law officer has asked the Supreme Court to
decide whether the assembly has the power to pass the legislation.

The insurance industry says the bill goes beyond its law-making

It is the first time Counsel General Theodore Huckle QC -- who
gives the Welsh government advice on legislative matters -- has
made such a referral to the Supreme Court, although similar cases
have been brought by the UK government.

The court upheld a bill passed by the assembly to reform local
government bylaws in November after it was challenged by the
Attorney General Dominic Grieve.

The attorney general is also challenging an attempt by Welsh
ministers to set the wages of farm workers.

The Supreme Court is due to hear the case in February.

The Recovery of Medical Costs for Asbestos Diseases (Wales) Bill
was introduced by Labour backbencher Mick Antoniw.

ASBESTOS UPDATE: Residents Say They Were Not Told About Removal
Clarissa Thorpe, writing for ABC News, reported that residents
living near the Campbell section 5 development in Canberra,
Australia's north are angry they have been given no warnings about
the removal of asbestos from the site.

Contractors wearing protection suits have been helping to move
piles of dirt from the fenced-off area near the corner of
Constitution Avenue and Creswell Street.

Local resident Fiona Cotton says the only warning was a few small
signs along the fence.

"There's a lot of publicity about Mesothelioma and airborne
(asbestos) particles," she said.

"Now these workers are accredited asbestos removalists but I just
think the main issue is that we've got no assurances about what is
going on.

"We should have been informed so we could drive the other way to
avoid the area."

The asbestos contamination is thought to have been caused by
builders rubble dumped during the 1950s.

Another neighbour Mark Anderson says few details have been
released by the Land Development Agency (LDA) which is overseeing
the project on ACT Government land.

"We knew that this material was going to be removed from the site
at some stage," he said.

"What we didn't expect was that it would start without any advice
to the people who live around.

"There's been a lot of high wind days for the past few weeks and I
can't see much evidence of dust suppression although I did see a
water truck there this morning."

                    'Extensive consultation'

However the LDA says extensive public consultation has taken place
including letters and seven newsletters sent to residents.

LDA Chief Executive David Dawes says site is being managed in
accordance with strict environmental controls.

"The LDA is working with the Environmental Protection Agency and
ACT WorkSafe to ensure that these measures are being rigorously
adhered to by the contractor," he said.

"A strict stockpile management protocol is being undertaken and an
environmental consultant is on site overseeing all stockpile
movements of asbestos contaminated material.

"The environmental consultant is also ensuring that appropriate
dust suppression methods are being undertaken."

He says air quality monitoring for asbestos contamination is
continuing and to date the monitoring has been clear.

The LDA has also announced it will post on its website the weekly
program of works to be undertaken on the site.

The master plan for the Campbell 5 site includes buildings for
residential, retail and commercial uses plus parkland and walking

Once completed the site is expected to have about 520 dwelling

ASBESTOS UPDATE: Warning Issued to Schools After Safety Errors
Andrew Robinson, writing for Yorkshire Post, reported that
headteachers across Calderdale, in Yorkshire, UK, have been warned
about the dangers of uncovering asbestos in school buildings
following a council probe which discovered health and safety

Recent health and safety inspections of asbestos management
systems highlighted deficiencies in procedures relating to council
buildings and schools in Calderdale.

The council has stated that no employees, children or members of
public have been put at any risk.

But the authority has introduced measures to ensure managers,
governors and headteachers are aware of the dangers and their

A premises asbestos management plan was introduced earlier this
year in schools and academies. But a council report has warned
that procedures have not been followed in some schools.

It says: "A number of near miss incidents and two involving
asbestos management have occurred in schools during the summer
periods which have been investigated by the health and safety

"No one was put at risk, however some procedures and council
policies were clearly not followed."

As a result of the mistakes, schools were recently warned about
the dangers of employing contractors who are not trained to deal
with asbestos.

In a recent memo sent to schools, David Whalley, head of learning
in the council's children and young people's service, said: "Given
the complexities of health and safety when procuring construction
and maintenance work, some schools are still at risk of non-

"This has been highlighted by a number of near misses since the
end of term.

"Schools are reminded that when procuring and authorising
construction work it is essential and also a statutory duty on the
school that those contractors delegated to deliver this work are
competent and adequately trained on the health and safety aspects
of this procurement."

The report contains an extensive checklist which schools must
follow when managing construction work. Schools are recommended to
use asbestos-licensed removal contractors.

The advice adds: "It is also eminently sensible to only organise
asbestos removal works outside normal school hours."

In a separate report, the council warns that thousands of people
die every year as result of previous exposure to asbestos fibres.

The council's director of communities, Robin Tuddenham, said:
"Parents should not be concerned about asbestos exposure in
Calderdale schools.

"Calderdale Council has a very proactive approach to asbestos
management in line with the regulations. We work closely with
schools, and have an ongoing training programme for school staff
-- who would contact us about any concerns, however minor.

"When refurbishments take place in schools, the opportunity is
taken to remove any asbestos. There are strict guidelines to
follow for contractors removing the material, and our system is
audited by the Health and Safety Executive.

"We want to prevent accidents from occurring all across the
council. A 'near miss' report gives the health and safety team,
managers and supervisors the opportunity to investigate any issues
and if necessary take prompt action.

"A 'near miss' is an event or situation that could have resulted
in injury, damage or loss but did not do so due to circumstances,
corrective action and/or timely intervention. In all recent 'near
miss' reports involving asbestos, no asbestos fibres were released
in the workplace, no asbestos regulations were breached, and no
further action was required.

"The near miss was down to a breakdown of internal procedures and
best practice; no one was put at any actual risk. The council
endeavours to achieve the very highest standards in this area."

ASBESTOS UPDATE: Kent Cigarettes Contributed to Man's Mesothelioma
Laywers and Settlements reported that it is hard to think of
anything that could make cigarettes more dangerous, but back in
the 1950s, certain cigarettes actually contained asbestos in their
filters. Those asbestos-containing cigarettes have led to lawsuits
alleging mesothelioma and asbestosis disease, either on the part
of people who smoked the cigarettes or those who worked in the
factory that supplied the filters. Other lawsuits alleging
exposure to asbestos fibers resulting in asbestosis lung disease
are still pending.

According to Daily Business Review, Richard Delisle was diagnosed
with mesothelioma, a fatal condition linked to asbestos exposure,
in 2012. He alleges that his smoking of Kent cigarettes, which
reportedly used a filter that contained asbestos, contributed to
his developing mesothelioma. Also included as defendants in the
trial were a paper mill company where Delisle was employed and the
manufacturer of the filters used in the Kent cigarettes.

A jury found the cigarette maker, Lorillard, and the maker of the
filters each 22 percent responsible for Delisle's condition, with
another 16 percent fault given to the paper company. The final 40
percent was against other defendants. In all, the jury awarded
Delisle $8 million, with Lorillard paying $3.52 million as a
result of an indemnity agreement between Lorillard and the maker
of the filter manufacturer.

ASBESTOS UPDATE: Pa. Man Receives $2.3MM Award in Mass Tort Case
Lawyers and Settlements reported that a $2.3 million award in an
asbestos mass tort case has been upheld by a trial court judge in
Philadelphia. Common Pleas Court Judge Mark I. Bernstein refused
to throw out the multi-million dollar verdict against Crane Co.,
DAP Inc., Duro Dyne Corp., The Goodyear Tire & Rubber Co. and
Goodyear Canada Inc., which had been reached following a jury
trial in late February, the Pennsylvania record reportss.

Charlotte Vinciguerra filed her asbestos lawsuit on behalf of her
late husband, Frank Vinciguerra, who died from malignant
mesothelioma on November 3, 2010.

Mrs. Vinciguerra filed suit in June 2012, citing numerous
companies as defendants, many of whom were dismissed pre-trial.
The lawsuit alleged that Mr. Vinciguerra developed mesothelioma as
a result of his exposure to asbestos at work as a sheet metal
helper and sheet metal mechanic for E.I. DuPont De Nemours & Co.
from 1951 to 1985. Frank Vinciguerra was diagnosed with malignant
mesothelioma in the summer of 2010, according to court records.

Mrs. Vinciguerra alleged that E.I. DuPont failed to exercise
reasonable care to protect her husband and others from the
hazardous, dangerous and harmful conditions that existed at the
property, according to the lawsuit.

The defendants claimed, in their attempt to get a new trial, that
the trial judge allowed the plaintiff's expert witness to testify
that "each and every breath" and "every exposure" to asbestos-
containing fiber was causative of Frank Vinciguerra's injuries, in
violation of precedence set by the Pennsylvania Supreme Court in
the case of Betz v. Pneumo Abex LLC. However, Judge Bernstein
wrote that none of the plaintiff's expert witnesses ever offered
this opinion during the course of the litigation.

During the trial, Dr. Steven Markowitz, an occupational and
environmental medicine expert, testified that it was his opinion
that Frank Vinciguerra's exposure to asbestos likely caused the
man's disease.

According to court records, Markowitz explained that there is a
dose-response relationship in asbestos disease, and concepts of
cumulative exposure to asbestos.

Markowitz's testimony was based upon his individual analysis of
the specific factors in Vinciguerra's condition, was offered to a
reasonable degree of medical certainty, and was "fully subject to
cross-examination," Judge Bernstein wrote. The Judge also noted
that Markowitz's testimony clearly explained "that it is the
cumulative effect which causes the disease."

The total verdict for the plaintiff is $2,286,376.44.

ASBESTOS UPDATE: Derelict Fibro Shacks to Come Down
Adam Wright, writing for South Coast Register, reported that
demolition of three derelict asbestos houses in Murdoch Street,
Huskisson, in New South Wales, should be complete before

After years of community campaigning and numerous court cases
brought by Shoalhaven City Council to force the owners to remove
the buildings, action is under way.

The owners of the building live overseas and had been difficult to

Council took the issue to the Land and Environment Court, however
the owners and their legal representation did not appear.

And they had not complied with court orders to remove the

After all avenues to force the owners to remove the buildings were
exhausted, council contracted Shoalhaven Excavations to demolish
the structures.

Council will pass on the cost of the demolition to the owners.

Owner of Shoalhaven Excavations Daniel Jones said the community
could be assured the demolition would be completed before

Chairman of the Huskisson Woollamia Community Voice Garry Kelson
had previously said he would not be surprised if Shoalhaven
ratepayers ended up footing the bill to demolish the cottages.

However he said he would rather see the derelict buildings removed
now and let the courts chase the owners for the money later.

"We have been lobbying to have these buildings removed on the
grounds of safety for three years," he said.

"We are heading into prime holiday time. We also have the Hobie
World Championships coming up and these houses are right next to
Moona Moona Creek which is a very popular picnic area,
particularly with families."

ASBESTOS UPDATE: Petition Aims to Build Mesothelioma Program
Tim Povtak, writing for Asbestos.com, reported that as the
youngest person to become chief of Naval Operations, Admiral Elmo
Zumwalt played a major role in U.S. military history -- a war hero
whose service spanned World War II, Korea and Vietnam.

It's only appropriate that the Mesothelioma Center for Excellence
at the VA West Los Angeles Medical Center is adopting his name.

Zumwalt died from pleural mesothelioma cancer almost 14 years ago,
an ending that far too many veterans have suffered, stemming from
the once-extensive use of asbestos in the armed forces.

His life was dedicated to those who bravely served their country.
Now his memory will be, too.

If the efforts to become the first federally funded mesothelioma
program are successful, the Elmo Zumwalt Treatment & Research
Center in Los Angeles is expected to blossom and become a premier
destination for veterans battling this disease.

"These (veterans) are our heroes. They've given so much of
themselves. They deserve the best care we can give them,
particularly with this disease," said Clare Cameron, executive
director of the nearby Pacific Heart, Lung and Blood Institute. "I
think it is so important to take care of them now. They have
earned that right."

                   Help With Petition Signatures

Cameron has been gathering petition signatures supporting efforts
by the West Los Angeles VA and the Zumwalt family. She will
present the petition early in 2014 to Robert Petzel, M.D., Under
Secretary for Health for the U.S. Department of Veterans Affairs,
in Washington, D.C.

She encourages everyone to sign the online petition.

"A big part of the funding effort is getting the word out," she
said. "This could be the place where all the VAs throughout the
country can send their mesothelioma patients for the very best
care. It's like backing the best horse in the race."

Mesothelioma is a rare and aggressive cancer that is diagnosed in
an estimated 3,000 Americans each year, including almost 1,000
veterans who likely were exposed during their military service.
Most of the VA centers around the country are not equipped to
treat it. To get the best possible treatment, it is imperative to
see a specialist. The VA system allows its patients to receive
treatment wherever is necessary.

"The key for patients now is hearing about, and finding the
program," Cameron said. "Too many veterans, where they are now,
are just being told that mesothelioma is not treatable, and they
give up. But that's just not the case. If they get the funding
here, and it's up and running, people will know about it."

               Surgeon Robert Cameron is the Key

The West Los Angeles Medical Center, which is part of the VA
Greater Los Angeles Healthcare System, is a likely choice for a
specialty center because Robert Cameron (no relation to Clare
Camron) is its chief of Thoracic Surgery. He is a mesothelioma
specialist, pioneer and innovator, dedicating his career to
treating this disease.

Dr. Cameron also is the driving force behind the Pacific Meso
Center and the UCLA Comprehensive Mesothelioma Program, and the
leading authority on the lung-sparing pleurectomy/decortication
surgery used for mesothelioma patients.

His Pacific Meso Center (PMC) also sparked the Southern California
Mesothelioma Consortium, a multidisciplinary treatment and
research program that will benefit all patients and their
families. The PMC has been a leader in cryoablation, an innovative
freezing technology for the treatment of mesothelioma, and a
unique screening and prevention program.

"We owe it to all the veterans to give them the best possible
care," Clare Cameron said. "Getting this program up and running
would be a good step in that direction."

ASBESTOS UPDATE: Calif. Court Rejects BorgWarner's Motions
HarrisMartin Publishing reported that a California trial court has
denied an asbestos defendant's motions for a new trial and for
judgment notwithstanding the verdict, allowing to stand a nearly
$39 million asbestos verdict and the 35 percent liability
assessment against BorgWarner.

In separate orders issued Nov. 25, the California Superior Court
for Los Angeles County opined that the punitive damage award of
$32.5 million was not excessive, as the plaintiffs presented
sufficient evidence that BorgWarner "needlessly infect[ed]
thousands of innocents."

ASBESTOS UPDATE: Air Pollution Permit Not Needed for Mine
Steven Verburg, writing for Wisconsin State Journal, reported that
a company that wants to dig a massive iron mine in northern
Wisconsin probably won't need an air pollution permit for the bulk
sampling operation that is to take place before actual mining
starts, the state Department of Natural Resources said.

The question of whether mining could produce deadly airborne
asbestos-like fibers remains unsettled, but data provided by the
company on Nov. 25 indicates that general dust problems are
unlikely during the bulk sampling phase, said Larry Lynch, agency
project manager.

The mining company, Gogebic Taconite, helped take the asbestos
debate out of the equation for now by scaling back its bulk
sampling plan and promising that during sampling it will look for
the grunerite rock that sometimes contains hazardous fibers.

Before mining begins, deep core samples will be examined by
independent labs to determine whether the fibrous minerals are

"For mining, we would expect a comprehensive and extensive
evaluation of the presence and distribution of asbestiform
minerals throughout the ore body and waste rock," Lynch said.

In bulk sampling, the company will collect tons of rock from the
surface and test it to determine what types of equipment it will
need for processing when it begins mining. Lynch said the DNR is
still asking questions about the company's plan.

In October, the state disclosed that a rock containing asbestiform
grunerite was found at one proposed bulk sampling site. The
company has since removed that site from its plan.

Grunerite occurs in iron deposits from Minnesota to Michigan. It
isn't always in the form that is problematic, but geological
surveys describe fibrous bundles of "needles" that match the
description of asbestiform grunerite as early as the 1920s near
the Tyler Forks River not far from the east edge of the mine site.

ASBESTOS UPDATE: Solon's Suit Makes Second Wave of Fibro Claims
Law360 reported that a recent lawsuit by Rep. Carolyn McCarthy,
D-N.Y., renewed the controversy surrounding allegations by
longtime smokers that their lung cancer was caused by asbestos
exposure, but experts say the claims are only likely to grow more
popular, considering the prevalence of lung cancer in comparison
to mesothelioma.

According to the report, after McCarthy sued General Electric Co.,
Georgia Pacific LLC, Pfizer Inc. and dozens of other companies in
October, she was criticized by several media columnists, most
notably New York Times business writer Joe Nocera.

ASBESTOS UPDATE: Toxic Dust Troubles Binghamton Schools
Asbestos was found in several schools in Binghamton, New York. And
knowing how dangerous it could be to people's health, Florida
asbestos testing company, AGC Environmental, shared a way how
others could avoid its health risks.

In a report from wicz.com, which was posted on December 6, 2013,
it was said that three Binghamton schools were particularly
discovered to contain asbestos, AGC Environmental shared.
Nonetheless, it relayed that the crawl spaces where it was found
were already sealed and the classrooms were cleaned.

Specifically, the report related that the dangerous and fibrous
mineral was found in the crawl spaces of West Middle School and
Woodrow Wilson. It added that it was also found in a windowsill of
a Theodore Roosevelt classroom, which was scheduled to reopen once
test result turns clean.

Below is a part of the said report:

"The Binghamton School District has responded to the asbestos
found in three of the city schools after letters were sent home to

Assistant Superintendent Karry Mullins said the asbestos found in
West Middle School and Woodrow Wilson were in crawl spaces which
have since been sealed. "

AGC Environmental said that exposure to asbestos fibers could
cause serious illnesses as lung cancer. And so, it highly advised
asbestos testing to buildings suspected to have it, especially to
those constructed in the 70s.

If a structure is to be renovated, before the work, it also
suggested that an asbestos inspection must be implemented on the
place. That, it said, would help ensure the health of the workers
and of the people who would be staying in it.

Nonetheless, for the best Florida asbestos testing, AGC
Environmental asserted that its service is the one to get. And as
it cited, that's because its techniques follow the Florida state

Moreover, the company added that it is had been known to work with
lawyers to assess and offer expert opinions about asbestos
exposure and asbestos health effects.

To learn more about AGC Environmental's Florida asbestos training
and other environmental services, readers could check its website
at agcenvironmental.com.

ASBESTOS UPDATE: Fibro-Tainted Donated Soil Is Headache for Parish
Adriane Quinlan, writing for The Times-Picayune, reported that a
cheaper solution to fill land on the West Bank in Jefferson
Parish, Louisiana, resulted in a $576,985, year-long headache when
asbestos was found in soil donated by the Army Corps of Engineers
and spread by contractors on the outskirts of Churchill Technology
& Business Park in Avondale, run by the Jefferson Economic
Development Commission.

The asbestos was spotted and contained immediately, but the clean-
up is ongoing. On Dec. 11, the Jefferson Parish Council awarded a
$163,500 contract to remediate the estimated 6,000 tons of
contaminated soil on the site. Parish public works director Kazem
Alikhani said he expects remediation to be complete sometime in
the next few months.

The parish is responsible for the disposal of excess material from
job corps sites. The parish found what it thought was a nifty
solution for placing the excess soil dug up from work at the
Justice Canal and Oil Co. Canal project: the fill could be used to
raise the elevation on the 90-acre Churchill Technology & Business

The free soil, transported by the Corps at no cost to the parish,
was the only way JEDCO could afford to complete the elevation
project, said JEDCO executive director Jerry Bologna. Bologna said
that another, potentially safer source of soil would not have been
an option.

"We would not have been able to carry out this project if we had
to pay for the source of the fill," Bologna said. "Really, it was
a creative agreement."

But on Mar. 10, 2012, a JEDCO contractor spotted asbestos in the
donated soil that was already being spread and halted the dumping
immediately, Bologna said. Rachel Calico, Corps program manager
for the Justice Canal and Oil Co. Canal project, said an
environmental test had not revealed asbestos. "That didn't turn up
anything. We don't know how it got there," she said.

Calico said that at first, the contractor did not suspect it to be
asbestos. "At first it looked like pebbles. He thought nothing of
it and then he brought it to the site," Calico said. "No, it was
not pebbles. It was asbestos."

According to its agreement with the corps, the parish is always
responsible for remediating asbestos found at corps projects and
does not pay for excavated material to be hauled, public works
director Kazem Alikhani said. In consideration of those two
factors, the parish will not spend much above and beyond what it
might have spent to remediate the asbestos if it had been found
initially at the Corps of Engineers project site, Alikhani said.

"Once it was discovered at the project site, we are responsible to
remove it," said Alikhani. "We had to do it either way."

However, statement from the parish said that the problem was
"exacerbated ... by mixing the contaminated material with
uncontaminated material at the site," because "the total quantity
of contaminated material increased."

Calico said that when the asbestos was spotted, it was immediately
watered and contained, following a regular procedure.

"We attacked it, and got it done," Calico said. "We followed
protocol in place, to make sure everything was done properly."

Calico said that she was not concerned with changing protocol on
soil testing at other corps sites, as the finding of the asbestos
at the JEDCO site was extremely rare.

Remediation will not hold up development of the 90-acre site
significantly, Alikhani said. Ongoing work is relying on excess
fill from the Harahan "Pump to the River" project.

Bologna said the nearly one-year remediation effort also did not
significantly hold up JEDCO's plans for site, because there are no
definitive plans to build anything on the land that is being

"We're constantly fielding prospective candidates," Bologna said,
"but we don't have anybody signed."

ASBESTOS UPDATE: Special Electric Disregarded End Users, Doc Says
HarrisMartin Publishing reported that asbestos plaintiffs involved
in a sophisticated intermediary dispute before California's
highest court have filed their appellate brief, arguing that the
jury's decision to enforce liability on Special Electric for its
sale of asbestos was correct and supported by the evidence
presented at trial.

In the brief, filed Dec. 9 in the California Supreme Court,
asbestos plaintiffs William and Jacqueline Webb urge the high
court to reject Special Electric's contentions that it "bears no
responsibility" for selling crocidolite asbestos.

ASBESTOS UPDATE: Used Drilling Mud Dumped in Calif. Central Valley
Gordon Gibb, writing for Lawyers and Settlements, reported that
toxic drilling mud has the potential to harm more people than the
mud engineer who comes into direct contact with the substance. And
while the drilling rig employee carries the most risk of inhaling
floating asbestos fibers when drilling mud is mixed from its
original powdered form, it's what happens after the drilling mud
is spent that has many residents of the Central Valley area of
California concerned.

That's because for years, asbestos drilling mud operators have had
the capacity and permission to dump spent drilling mud into open
pits in the Central Valley as regulators turned a blind eye. To
that end, the Central Valley Regional Water Quality Board had, for
some time, granted a waiver to oil drilling mud companies,
exempting them from reporting or even regulation regarding the
dumping of asbestos drilling mud into open pits.

That all changed when various environmental and consumer groups
advocated to have the waiver struck down. And according to a news
release issued by The Center for Biological Diversity (12/5/13),
this has now occurred, with the agency voting 4-1 to allow the
waiver to expire. The suggestion, as a result, is that oil and
drilling companies will now have to adhere to the same regulations
and reporting protocols that apply to other types of waste
discharge, according to the report.

But it does not suggest an end to the dumping. And thus, will a
drilling mud problem that has affected many a mud engineer having
come into close contact with asbestos drilling mud be seen as
transferring to a wider segment of the population through

Many a drilling mud lawsuit has been filed by a mud engineer
grappling with asbestos-related disease such as asbestosis or
asbestos mesothelioma decades after actively handling asbestos or
inhaling asbestos fibers without knowing the inherent dangers.
Asbestos-related disease can lie dormant for decades before

However, according to the report, drilling mud properties can
include heavy metals such as aluminum, mercury, cadmium, arsenic,
chromium, copper, lead, nickel and zinc, as well as radioactive
materials like radium.

What's more, according to the report, exposure to these drilling
mud additives has the potential to damage the skin, eyes and other
sensory organs, liver, kidney and brain, as well as the
respiratory, cardiovascular, gastrointestinal, immune and nervous

The concern now is that these chemicals, all part of drilling mud
composition, have been slowly leaching into groundwater in the
California Central Valley.

Advocates seeking to end the regulatory waiver over dumping of
used oil drilling mud include the Association of Irritated
Residents; the Center for Biological Diversity; the Center on
Race, Poverty & the Environment; the Central California
Environmental Justice Network; Physicians for Social
Responsibility - Los Angeles; Communities for a Better
Environment; Greenaction for Health and Environmental Justice; the
San Joaquin Valley Latino Environmental Advancement Policy
Project; and the Sierra Club.

The water authority agreed it needed to end the waiver, together
with its previous hands-off approach to the dumping of toxic
drilling mud, and to study the potential for environmental damage
that can result from the discharge of drilling mud chemicals.

ASBESTOS UPDATE: Senate Receives Bankruptcy Trust Legislation
HarrisMartin Publishing reported that one day after the U.S. House
of Representatives passed the Furthering Asbestos Claim
Transparency (FACT) Act of 2013, the Senate received the
legislation and referred it to the Committee on the Judiciary.

The legislation was read twice in the U.S. Senate before being
referred to the Committee, according to online records tracking
the legislation. As of this writing, the Senate Committee on the
Judiciary has not added the legislation to the agenda for any of
its current or future executive business meetings or hearings.

ASBESTOS UPDATE: Calif. Court Awards Judgment to Pneumo Abex
HarrisMartin Publishing reported that a California federal court
has awarded summary judgment to asbestos defendant Pneumo Abex
LLC, finding that the plaintiff had failed to present enough
competent and admissible evidence to support his claims against
the brake defendant.

In a Dec. 10 order, The U.S. District Court for the Central
District of California wrote that plaintiff Paul Olds had failed
to provide evidence that his injury was caused by asbestos-
containing products put into the stream of commerce by Pneumo

ASBESTOS UPDATE: Daughter Launches Appeal for Dad's Colleagues
Laura Maltby, writing for Redditch Standard, reported that the
daughther of a former carpenter who died from an asbestos-related
cancer is appealing to his former colleagues for help in her
battle for justice.

Robert Hartwell -- known as Archie or Bob -- passed away in 2011
following a nine month battle with mesothelioma -- a cancer on the
lining of the lungs caused by inhaling asbestos dust.

The grandfather-of-three had worked for C.E Dyer, near Alcester,
in England, between 1955 and 1961 and for Bryant Homes - now part
of the Taylor Wimpey group - in Redditch during the mid to late

But in November 2010, he began suffering from chest pains and
breathlessness and despite undergoing chemotherapy, died the
following year at Myton Hospice in Warwick.

Devastated by the family's loss, daughter Lynn contacted law firm
Irwin Mitchell to see whether asbestos could have played a role in
Robert's death.

The 72-year-old had been involved in cutting asbestos sheets
during his career working on new build houses and lawyers believe
former colleagues could hold vital information about the presence
of asbestos and working conditions at both companies.

Mark Lennon from Irwin Mitchell, said: "Employers have been aware
of the dangers of exposing workers to asbestos dust since the
1950s and 60s.

"According to research published on the Health and Safety
Executive website, one in 17 British carpenters born in the 1940s
will die from mesothelioma.

"We would like to speak to anyone who worked at either C.E. Dyer
or Bryant Homes in the 1950s and 60s as we believe they could help
Archie's family in their battle for justice."

Lynn added: "We were all shocked when we received the news about
Dad's diagnosis. He was always an active man who loved to spend
time with his family and to see him deteriorate so rapidly was

"We urge anyone who worked with my dad during that time to come
forward as it could allow us to finally lay him to rest."

Taylor Wimpey declined to comment on the story, at the time of
going to press the Standard was unable to contact C.E. Dyer.

Anyone who may be able to help can email
mark.lennon@irwinmitchell.com or call 0121 214 5407.


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

Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Noemi Irene
A. Adala, Joy A. Agravante, Valerie Udtuhan, Julie Anne L. Toledo,
Christopher Patalinghug, Frauline Abangan and Peter A. Chapman,

Copyright 2013. All rights reserved. ISSN 1525-2272.

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