/raid1/www/Hosts/bankrupt/CAR_Public/140718.mbx              C L A S S   A C T I O N   R E P O R T E R

              Friday, July 18, 2014, Vol. 16, No. 142


ALLEN NATOW: "Greco" Suit Seeks to Recover Unpaid Overtime Wages
ANTHEM BLUE: Faces False Advertising Class Action in California
ASA COLLEGE: Accused of Lying About Track Record of Getting Jobs
BANKSIA: Mediation Talks in Investor Class Suit to Start July 21
BAY AREA TOLL: Sued Over Outrageous Untimely Toll-Related Fines

BENIHANA NATIONAL: Faces "Vasquez" Suit Over Failure to Pay OT
BMW: Plaintiffs File Amended Sunroof Defect Class Action Complaint
CARIBBEAN CRUISE: Sued in S.D. Fla. for Making Unsolicited Calls
CARGILL INC: Recalls Nutrena(R) NatureWise(R) Meatbird Feed
CATERPILLAR INC: "K Double" Suit Included in C13/C15 Engine MDL

CEPHALON INC: Judge Tosses $22-Mil. Off-Label Marketing Suit
CHARLES PRODUCTS: Lead, Cadmium Prompt Recall of Shot Glasses
CHICAGO BOARD OF EDUCATION: Teachers Not Entitled to Preference
CHRYSLER: Tells Gov't It Can Fix Recalled Jeep SUVs Faster
CITIZENS BANK: Suit Alleges Work Discrimination Based on Gender

CLEAN DOCTORS: Suit Seeks to Recover Unpaid Overtime & Damages
COMDATA CORP: Judge Awards $50 Million to Plaintiffs' Attorneys
COMPUTER SCIENCES: Wins Final OK for Va. Securities Suit Accord
COVERALL NORTH AMERICA: 9th Cir. Affirms Settlement Approval
CREDIT CONTROL: Violates Fair Debt Collection Act, Suit Claims

CVR ENERGY: Settlement Reached in Del. Lawsuit v. Icahn
DOLLAR TREE: Loses Bid to Decertify Va. Lawsuit by Employees
DOLLAR TREE: Cal. Suit Over Rest Breaks Will Proceed to Trial
DOLLAR TREE: Faces Suit by Former Assistant Store Manager in Cal.
DOUBLE DECKER'S: "Santucci" Suit Seeks to Recover Unpaid Overtime

E. G. EMILS: Firm Recalls Deli Ham Product Due To Contamination
EBAY INC: Court Refused to Junk Suit Challenging Refund Policies
FOSTER FARMS: Recalls Chicken Products Due to Possible Salmonella
GENERAL MOTORS: Concealed Power Steering Defects, Suit Claims
GENERAL MOTORS: Barra, General Counsel Face Senate Over Recall

GENERAL MOTORS: Senate May Question CEO on Corporate Culture
GOLDEN LINEN: Fails to Pay Employees Properly, "Acosta" Suit Says
HAMPTON, VA: About 25 Additional Officers Join OT Class Action
HILLSHIRE BRANDS: Being Sold to Tyson for Too Little, Suit Says
HEB MEAT: Recalls Beef Products Due to Contamination

JOS. A. BANK: Falsely Marketed Price Discount, "Lucas" Suit Says
K & W SAUSAGE: Recalls Sausage Products Containing Soy and Wheat
KANANI FOODS: Recalls Chicken Products Produced w/o HACCP Plan
KEYUAN PETROCHEMICALS: Securities Lawsuit in Discovery Stage
KID BRANDS: Sept. Final Approval Hearing in Wage & Hour Suit

KING OF POPS: Recalls Mislabeled Banana Puddin', Keylime Pie Pops
LAKE CITY INDUSTRIAL: 6th Cir. Affirms TCPA Class Action Approval
LINN ENERGY: New York Court Dismisses Securities Class Action
MOTORS LIQUIDATION: Provides Updates on Ignition Switch Suits
MR. WOK FOODS: Recalls Raw Pork Nugget Products Containing Wheat

NATIONAL EXPRESS: Sued for Not Paying Overtime Pursuant to FLSA
NATIONAL EXPRESS: Sued for Not Paying Overtime Pursuant to FLSA
NORTHWESTERN MUTUAL: Doesn't Hire Non-U.S. Citizens, Suit Says
ORIYA ORGANICS: Recalls Chia Seed Powder Due to Salmonella
P.D.K.N. P-4 OP: "Williams" Suit Seeks to Recover Unpaid Overtime

PETSMART INC: Deadlines in "Negrete" Suit Stayed Pending Meeting
PRAXAIR DISTRIBUTION: Suit Seeks to Recover Unpaid Overtime Wages
RJM ACQUISITIONS: Accused of Violating Fair Debt Collection Act
QCG INC: Faces "Plume" Suit in E.D.N.Y Over Failure to Pay OT
SAR HOLDINGS: Faces "Garcia" Suit Over Failure to Pay Overtime

SEARS HOLDINGS: Faces Certified Labor Class Suit in California
SECURITAS SECURITY: Discriminated Against Former Guard, Suit Says
SERAFINA MANAGEMENT: Suit Seeks to Recover Unpaid Minimum Wages
SILVERADO SENIOR: Removed "Cunanan" Suit to C.D. California
SYNOVUS FINANCIAL: October 7 Settlement Fairness Hearing Set

T-MOBILE USA: Overcharged for Services, C.D. Cal. Suit Claims
TELETECH LLC: "Primus" Suit Seeks to Recover Monetary Damages
UNITED STATES: Suit Seeks to Represent Kids Facing Deportation
UNITED STATES: Civil-Rights Groups Sue Over Deportation Hearings
UNITED TECHNOLOGIES: Has Made Unsolicited Calls, Suit Claims

WESTERN STONE: Suit Seeks to Recover Unpaid Minimum and OT Wages
WHITE & BLUE LION: Recalls Tattoo Ink, Needles & Kits
WHOLE FOODS: Recalls Mini Caesar & Mini Mesclun Goat Cheese Salad

                        Asbestos Litigation

ASBESTOS UPDATE: Insurers Sue Philips Unit's Trust For Records
ASBESTOS UPDATE: Garlock Fights Panel's Bid to Reopen Trial
ASBESTOS UPDATE: FMC Corp. Continues to Defend Fibro Suits
ASBESTOS UPDATE: Insurance Suit v. McDermott Remains Stayed
ASBESTOS UPDATE: 20 PI Plaintiffs Junk Claims Against McDermott

ASBESTOS UPDATE: W.R. Grace Remains Obligated To PI Trust
ASBESTOS UPDATE: W.R. Grace Had 1,310 More ZAI PD Claims
ASBESTOS UPDATE: W.R. Grace Records $2.1-Bil. Fibro Liability
ASBESTOS UPDATE: W.R. Grace Insurers to Pay $396MM to PI Trust
ASBESTOS UPDATE: W.R. Grace Claims Reps to Act for Trusts

ASBESTOS UPDATE: Fibro Found in Robertson Schools Central Office
ASBESTOS UPDATE: Fibro Violations Bring $36,800 Fine
ASBESTOS UPDATE: Fibro Removal "Overlooked," Contractor Says
ASBESTOS UPDATE: Limited Fibro Protections Added to Tort Bill
ASBESTOS UPDATE: Fibro Decision Will Cost Australian Gov't Dearly

ASBESTOS UPDATE: Fly Tippers Dump Fibro in Thornton Lane
ASBESTOS UPDATE: Deadly Dust Found at Burned Building
ASBESTOS UPDATE: Fibro-Tainted Soil in Jefferson Parish Removed
ASBESTOS UPDATE: Fibro Caused Death of Ex-Carriageworks Employee
ASBESTOS UPDATE: Stockton Fire Station Closed For Fibro Testing

ASBESTOS UPDATE: Judges Suggest Putting Courthouse on Death Row
ASBESTOS UPDATE: Fibro-Contaminated House Destroyed by Fire
ASBESTOS UPDATE: Fibro Poses Danger During Fire in Waringstown
ASBESTOS UPDATE: Hungarian Assoc. Urges Removal of Fibro in Bldgs.
ASBESTOS UPDATE: New Warning on White Fibro Risk Issued

ASBESTOS UPDATE: Center Urges Exposure Victims to Heed Advice
ASBESTOS UPDATE: Neb. Court Grants Bid to Transfer Fibro Case
ASBESTOS UPDATE: Court Affirms Judgment for Railroad Defendant
ASBESTOS UPDATE: Inspectors Testing Preschool for Fibro
ASBESTOS UPDATE: Toxic Dust Found at Stamford Police Headquarters

ASBESTOS UPDATE: Suits Filed by Mud Drillers Continue to Rise
ASBESTOS UPDATE: Bishopsbourne Joinery Destroyed in Fire
ASBESTOS UPDATE: Retired Firefighter Blames Job for Deadly Cancer
ASBESTOS UPDATE: Deadly Dust on Fiji Government Ships
ASBESTOS UPDATE: Work on "The Panorama" Stopped After Fibro Find

ASBESTOS UPDATE: Fibro Concerns at Disused Petrol Station
ASBESTOS UPDATE: Anger After Fibro Waste Dumped on Castle Grounds
ASBESTOS UPDATE: Partnership Plan in Linlithgow Delayed
ASBESTOS UPDATE: Mold, Fibro Removed from Kennett Police Dept.
ASBESTOS UPDATE: Neighbors Want Portland to Regulate Fibro

ASBESTOS UPDATE: NY Jury Awards $25MM in Fibro Cases v. Crane Co.
ASBESTOS UPDATE: Study Says Women More Likely to Survive Cancer
ASBESTOS UPDATE: Hope for Canberra Households Dealing With Fibro
ASBESTOS UPDATE: Parents Fuming Over Fibro Removal at Riverview
ASBESTOS UPDATE: Didcot Parkway Costs Rise After Fibro Discovery

ASBESTOS UPDATE: Fibro Stalls Library Demolition in Montana
ASBESTOS UPDATE: Plumber Convicted in Illegal Fibro Removal
ASBESTOS UPDATE: ACT Starts Talks With Families Affected by Fibro
ASBESTOS UPDATE: Body Powder Doesn't Need Fibro to Be Harmful
ASBESTOS UPDATE: Fibro Removal Part of Kroger Remodel, Expansion

ASBESTOS UPDATE: Fibro Atty Suspended Over Explicit Texts
ASBESTOS UPDATE: NY Resident Says Abatement Project Mismanaged
ASBESTOS UPDATE: Canberra Real Estate Agents Face Fine
ASBESTOS UPDATE: NZ Firm Refuses Refund After False Fibro Result
ASBESTOS UPDATE: Man Names 74 Defendants in Fibro Suit

ASBESTOS UPDATE: Simmons Law Firm and Hanly Conroy to Merge
ASBESTOS UPDATE: Toxic Dust Found at Northey Street City Farm
ASBESTOS UPDATE: Trial Judge Influenced Jury on Damages Award
ASBESTOS UPDATE: Salisbury Taxpayers to Pay for Cleanup Cost
ASBESTOS UPDATE: Drug Shows Promise in Mesothelioma Treatment

ASBESTOS UPDATE: Commonwealth Calls for Demolition of Houses
ASBESTOS UPDATE: Toxic Dust Found in Robertson School Office
ASBESTOS UPDATE: Residents Sue Texaco Over Fibro-related Death
ASBESTOS UPDATE: Widow of Former Shipyard Employee Sues Companies
ASBESTOS UPDATE: ACT Gov't Waives Tip Fee for Affected Homes

ASBESTOS UPDATE: Marlington Local Schools to Clear Fibro
ASBESTOS UPDATE: Center Urges Annual X-Ray for Exposed Workers
ASBESTOS UPDATE: Meso Case Allowed Despite Releases
ASBESTOS UPDATE: Ill. Jury Reaches Defense Verdict in Fibro Case
ASBESTOS UPDATE: Ford Urges Pa. High Court to Hear $1MM Appeal

ASBESTOS UPDATE: Royal Family's Apartment Has Deadly Dust
ASBESTOS UPDATE: Railroad Worker Says Lung Cancer Due to Exposure
ASBESTOS UPDATE: Iowa School Board Okays $5,777 Abatement Bid
ASBESTOS UPDATE: Fibro Awareness Bus Tours Queanbeyan
ASBESTOS UPDATE: Contractors Cleared Over NBN Fibro

ASBESTOS UPDATE: Mr. Fluffy Group Demands Support & Demolition
ASBESTOS UPDATE: Claimants Not Allowed to Enter New Evidence
ASBESTOS UPDATE: Fibro Discovered at Birrigai School Campsite
ASBESTOS UPDATE: Fibro Discovery Slows Down Colo. Street Cleanup
ASBESTOS UPDATE: Fibro Amnesty Being Probed by Wyong Council

ASBESTOS UPDATE: Navy Case Remanded for Insufficient Evidence
ASBESTOS UPDATE: ACT Opposition Demands $5MM Household Assistance
ASBESTOS UPDATE: NY Jury Awards 2 Plaintiffs $25MM in Trial
ASBESTOS UPDATE: Woman Claims Payment 19 Yrs After Spouse's Death
ASBESTOS UPDATE: Exposed Workers Required to Complete Training

ASBESTOS UPDATE: Fibro Problems Found at 20 Independent Schools
ASBESTOS UPDATE: Entrprize Satisfies Conditions in Metalclad Deal
ASBESTOS UPDATE: Anco Takes Fibro Coverage Dispute to 5th Cir.
ASBESTOS UPDATE: NY Official Gets Probation in Demolition Case
ASBESTOS UPDATE: Fibro Quadrupled Cost to Raze Former School

ASBESTOS UPDATE: Canberra Fibro Homes Need Federal Help
ASBESTOS UPDATE: ACT Gov't Taskforce Announcement Stirs Anger
ASBESTOS UPDATE: Stonemasons Back ACT Fibro Training Scheme
ASBESTOS UPDATE: Costly Abatement Adds to Louisiana School Budget
ASBESTOS UPDATE: Marks & Spencer Ex-Worker Inflicted with Cancer

ASBESTOS UPDATE: Judge Found False Representation Claims Weak
ASBESTOS UPDATE: Fibro Contained After Fire Damages School
ASBESTOS UPDATE: Sioux City Building Owner Faces Fibro Case
ASBESTOS UPDATE: Abatement, New Flooring Planned for Bowie School
ASBESTOS UPDATE: Fibro Problems Spread Across Canberra Suburbs

ASBESTOS UPDATE: NSW Adopts Incentive Plan to Reduce Dumping
ASBESTOS UPDATE: Family of Edinburgh Fibro Victim Wins Damages
ASBESTOS UPDATE: Queanbeyan Residents Told Fibro Homes Are Safe
ASBESTOS UPDATE: Pfizer Wins 3rd Case Over Unit's Fibro Products
ASBESTOS UPDATE: Widow Handed Payout After Husband's Fibro Death

ASBESTOS UPDATE: Judge Not Convinced with Plaintiffs' Arguments
ASBESTOS UPDATE: Pipes with Deadly Dust Still Used in New Bldgs.
ASBESTOS UPDATE: Western Sydney Council to Discuss Removal Scheme
ASBESTOS UPDATE: Watham Forest Council in Court Over Fibro
ASBESTOS UPDATE: Bill Passes Senate Minus Transparency Amendment

ASBESTOS UPDATE: Minerals Found in Mine Sparks Skeptism, Debates
ASBESTOS UPDATE: Judge Denies Class Certification in Fibro Case
ASBESTOS UPDATE: Widow of Ex-Shipyard Worker To Receive Payment
ASBESTOS UPDATE: Freedom Industries Demolition Delayed by Fibro
ASBESTOS UPDATE: Deadly Dust Found in Ogilvie School, Mall

ASBESTOS UPDATE: Toxic Dust Found Dumped Near Athlete's Village
ASBESTOS UPDATE: ACT Pushes for Federal Action on Deadly Dust
ASBESTOS UPDATE: Fibro News Article Used as Evidence at Inquest
ASBESTOS UPDATE: Investigators Find More Fibro in Deer Park
ASBESTOS UPDATE: Hanson Calls for Registered Mails to Homeowners

ASBESTOS UPDATE: Fibro Safety on Council's Worry List
ASBESTOS UPDATE: New Zealand Family Live in Fear of Fibro Exposure
ASBESTOS UPDATE: Wagga Builder Raises Fibro Concern
ASBESTOS UPDATE: Court Says Statute of Repose Bars Fibro Claims
ASBESTOS UPDATE: MP Concerned by Handling of School Fibro Probe

ASBESTOS UPDATE: West Herts Hospital Trust Guilty of Fibro Risks
ASBESTOS UPDATE: Montana Library Cleanup Could Take 3 Weeks


ALLEN NATOW: "Greco" Suit Seeks to Recover Unpaid Overtime Wages
Dorothy Greco, on behalf of herself and all others similarly-
situated v. Allen Natow, M.D., Irene Rosen Berg M.D. & Ira Pion
M.D., P.c., and Dr. Allen J. Natow, individually, and Dr. Irene
Elaine Rosenberg, individually, and Dr. Ira Arthur Pion,
individually, Case No. 2:14-cv-04222 (E.D.N.Y., July 9, 2014),
seeks to recover unpaid overtime and minimum wage compensation and
liquidated damages pursuant to the Fair Labor Standards Act.

Allen Natow, M.D., Irene Rosen Berg M.D. & Ira Pion M.D., P.c.,
and Dr. Allen J. Natow, owners of the Defendant Practice and was
jointly responsible for making managerial decisions on behalf of
the Defendant Practice, including all matters relating to
compensation and rates and methods of pay.

The Plaintiff is represented by:

      Cherice Patrice Vanderhall, Esq.
      Alexander T. Coleman, Esq.
      Michael J. Borrelli, Esq.
      1010 Northern Blvd, Suite 328
      Great Neck, NY 11021
      Telephone: (516) 248-5550
      Facsimile: (516) 248-6027
      E-mail: cpv@employmentlawyernewyork.com

ANTHEM BLUE: Faces False Advertising Class Action in California
David Siegel, Kat Greene and Chelsea Naso, writing for Law360,
report that Wellpoint Inc. subsidiary Anthem Blue Cross Life &
Health Insurance Co. was slapped with a proposed false advertising
class action in California court on July 8 alleging the insurer
misled consumers regarding details of individual health plans
offered under the Affordable Care Act.

The insurer falsely represented that certain doctors and hospitals
would be considered "in-network" when in 2013 they informed
customers enrolled in individual plans that their existing
coverage would be canceled and they needed to sign up for new ACA-
compliant plans, the complaint filed in Los Angeles Superior Court

Based on information provided by Blue Cross, many customers
thought they were enrolling in a "preferred provider organization"
plan, or PPOs, during the ACA open enrollment period, when in fact
they were signing up for "exclusive provider organization" plans
or EPOs, the complaint says. EPOs carry far greater restrictions
on the number of doctors and hospitals considered "in-network."

"Blue Cross has a clear incentive to conceal its reduced network
during the open enrollment period in order to increase sales of
its health service plans," the complaint states. "As a result of
these practices, Blue Cross significantly increased its share of
the California individual health service plan market, while
offering inferior products."

The lawsuit also claims Blue Cross delayed enrollment for
consumers, resulting in patients being unable to use their
coverage despite the insurer already collecting premium payments,
in addition to concealing the actual amounts for deductible
payments for services obtained from out-of-network providers.

Blue Cross acknowledged to Law360 that there were inaccuracies in
their provider database but said they've since taken steps to
correct them, in addition to adding more than 3,800 doctors to
their statewide exchange network since the start of the year.

"In the process of updating our provider database earlier in the
year, we found that while the vast majority of the listings were
correct, there were some providers inadvertently listed," Blue
Cross spokesman said.  "Many of the doctors inadvertently listed
decided to join Anthem's network for individual members."

The proposed class consists of "thousands of persons" and is made
up of California residents enrolled in an individual Blue Cross
health insurance plan between October 1, 2013, and March 31, 2014,
who experienced interruptions in receiving health care services
because of enrollment delays or whose physician provider network
was misrepresented, the complaint says.

Monetary damages could reach hundreds of millions if the class is
certified, Jerry Flanagan of Consumer Watchdog, an attorney for
the plaintiffs, told Law360.

Mr. Flanagan said the injunctive relief the suit seeks is even
more significant because California regulators have so far failed
to act, despite Blue Cross's ACA enrollment problems already
drawing scrutiny from the state's Department of Managed Health

Mr. Flanagan said the named plaintiffs in the suit did their due
diligence in educating themselves on the details offered in the
new Blue Cross ACA plans, and the fact that some of these informed
consumers didn't know about their lack of coverage until getting a
bill demonstrates how widespread Blue Cross' misrepresentations

"These are folks who did their homework," Mr. Flanagan said.

Similar allegations have also been raised in a class action in
Nevada federal court against Xerox Corp., which managed that
state's troubled ACA insurance exchange, in which customers faced
many of the same enrollment difficulties described in the
California state court case.

Mr. Flanagan said the size of the individual insurance market in
California means the case could have widespread implications for
Blue Cross and other insurers offering individual plans in other

"California is often the first place for a lot of the bad things
insurance companies try," Mr. Flanagan said.

The plaintiffs are represented by Michael J. Bidart and Travis M.
Corby of Shernoff Bidart Echeverria Bentley LLP and Jerry Flanagan
and Laura Antonini of Consumer Watchdog.

The case is Betsy Felser, et al. v. Blue Cross of California, case
number BC550739, in in the Superior Court of the State of
California, County of Los Angeles.

ASA COLLEGE: Accused of Lying About Track Record of Getting Jobs
ASA College targets minorities and immigrants for their federal
tuition dollars, then fails to deliver on promises to help them
find work once they graduate, a class action claims in New York
Federal Court, reports Nick Divito, writing for Courthouse News

Lead plaintiff Karilin Frica Sanchez claims the Manhattan-based
school lured her and others with promises of programs with
occupational training, and that the college would help place them
in externships that will lead to employment.  They claim the
school lied that its graduates have a "proven track record" of
getting jobs, and that its degree is a "fast and affordable route
to obtaining a job."

"For years, ASA's students have been victimized by a massive
scheme to draw millions of dollars of federal and state financial
aid to ASA at the students' expense and detriment by
systematically and fraudulently misrepresenting the nature of
ASA's certificate and degree programs," the lawsuit states.

ASA has two campuses in Brooklyn, one in Manhattan and one in
North Miami Beach.

According to the 66-page complaint, a "vast majority of students
at ASA are black, Hispanic or Asian; only 4 percent of ASA's
student body is white.  A significant number of students are
recent immigrants who speak little or no English."  About 85
percent of ASA's students come from homes with incomes less than
$30,000, according to the lawsuit. Tuition for a semester at ASA
is $6,000 -- "nearly three times the cost of a semester at any of
the City University of New York's community colleges," according
to the lawsuit.

Plaintiffs say that during the 2010-11 school year, ASA reported
revenue in excess of $78 million, "of which over $34 million was
from federally granted student loans, over $27 million was from
Pell Grants . . . and over $15 million was from the New York
Tuition Assistance Program."

"ASA defendants invest as little of ASA's revenue as possible in
student services, such as instruction and career assistance, in
favor of recruiting, advertising and profit," the lawsuit states.

The school has a strict enrollment quota that requires its workers
to enroll a specific number of students a week or "face severe
repercussions, including termination," according to the complaint.
That means admissions employees try to enroll students "by
whatever means necessary -- including by deception,
misrepresentation and material omission -- and regardless of the
suitability of ASA's programs to each individual's capacities and

Recruiters then target low-income, minority and immigrant
residents "believed to be most vulnerable" through probation
offices, public assistance centers and public housing complexes.

Plaintiffs say the school lied that it is accredited by a
"federally recognized accrediting agency," and is authorized to
operate by the New York State Department of Education.

"These representations are misleading because ASA has obtained
these credentials only by means of fraud and does not in fact the
requirements necessary for accreditation or authorization,"
according to the complaint.

Plaintiffs say that a "large majority of ASA students never
graduate," and that a "vast majority" of graduates can't find
work.  They're then saddled with "crippling student loan debt that
they are unable to afford," the lawsuit states.

Plaintiffs -- all based in New York City -- "seek to end these
reprehensible and predatory practices."  They want to shut the
school down, and they want their money back.

Named as defendants along with ASA College Inc. are its
executives: Alex Shchegol, Victoria Kostyukov, Victoria Shtamler,
Robert Dumaual, Lesia Willis-Campbell, Jose Valencia, Shanthi
Konkoth Mark Mirenberg, and Alexander Agafonov.

The Plaintiff is represented by:

          Yisroel Schulman, Esq.
          New York Legal Assistance Group
          Hanover Square, 18th Floor
          New York, NY 10004
          Telephone: (212) 613-5000

BANKSIA: Mediation Talks in Investor Class Suit to Start July 21
Everard Himmelreich, writing for The Standard, reports that a
class action by investors in the failed Banksia finance company is
to go to mediation later this month, raising hopes of an early
payout to 16,000 investors.

The Melbourne solicitor coordinating the class action,
Mark Elliott, said the mediation talks had been initiated by the
15 defendants, who included the Banksia directors, auditors and
Banksia's trust company.  The talks will start on July 21 with
former Federal Court judge Ray Finkelstein as the mediator between
the defendants and investors who are seeking up to $150 million
for funds they lost when Banksia collapsed in October 2012.  If no
resolution is achieved, the case is scheduled to be heard in the
Victorian Supreme Court next year.

Mr. Elliott said he had been contacted by hundreds of Banksia
investors who indicated that if the class action could get a
"reasonable" payout from the defendants, it would be helpful to
their financial situation.  Mr. Elliott said the Supreme Court has
asked for a report on the outcome of the mediation talks by early
August.  He said all of the defendants presently denied liability
and appeared to be waiting to see how long the investors were
willing to persist with the class action.

However he was optimistic mediation would progress the class
action because it would allow each of the defendant groups "to
come into the courtyard and throw all their bits together and see
if we can make a salad". If the mediation was successful,
Mr. Elliott doubted it would return 100 cents in the dollar to

Without some compromise, it would be in no one's interest to
settle the case in mediation, he said.

Those involved in the class action would visit Warrnambool and
other regions after the mediation talks with updates on its

BAY AREA TOLL: Sued Over Outrageous Untimely Toll-Related Fines
The Golden Gate Bridge's electronic tolling system can lead to
inflated nonpayment charges of $76, generating millions of extra
dollars for the bridge and its private contractor, Xerox, a class
action claims in San Francisco Superior Court, reports Elizabeth
Warmerdam, writing for Courthouse News Service.

Lead plaintiff Michael Saliani sued the Bay Area Toll Authority,
Golden Gate Bridge, Highway and Transportation District, and Xerox
State and Local Solutions, alleging a scheme to charge drivers
"inflated and outrageous penalties" for not timely paying the
bridge toll.

In March 2013, the Golden Gate Bridge converted to an all-
electronic tolling system, no longer giving drivers the option to
manually pay the $6 toll to cross the bridge.

Drivers can enroll in the FasTrak program, which requires them to
mount a transponder in their vehicle.  As the vehicle passes
through the Toll Plaza, an overhead antenna reads the signal from
the transponder and money is debited from the owner's prepaid
account.  Approximately 85 percent of the vehicles that cross the
bridge are enrolled in this program, according to the complaint.

Drivers not enrolled in FasTrak must pay the toll through the Pay-
By-Plate program. Cameras at the Toll Plaza take pictures of the
vehicles' license plates as they pass through and the toll is
assessed by charging the owner's license plate account, receiving
a onetime payment from the driver, or issuing a toll evasion

The onetime payment can be made up to 30 days before crossing the
bridge or within 48 hours of the crossing, according to the
complaint.  Those who are not enrolled in the FasTrak or License
Plate Account programs, and who do not make a onetime payment, are
assessed a toll evasion violation that they must pay within 30
days, the complaint states.

"(V)ehicle owners who fail to pay the $6 toll within 30 days after
citation -- regardless of whether the vehicle owner actually
receives notice of the toll evasion violation -- are assessed a
$25 penalty. Vehicle owners who fail to pay the toll and $25
penalty are assessed an additional $45 'delinquency' penalty.  As
a result, vehicle owners may be required to pay $76, or over ten
times the amount of the toll, for each Golden Gate Bridge
crossing," Saliani states.

Xerox, a private contractor, is responsible for providing the
notices to vehicle owners, conducting initial reviews of toll
evasion violations challenged by the owners, and imposing and
collecting penalties, the complaint states.  Xerox and the Golden
Gate Bridge "have implemented a policy for assessing toll evasion
violations and imposing and collecting penalties in a manner that
assures that vehicle owners cannot meaningfully contest violations
and pay inflated and outrageous penalties.  Xerox receives a
bounty on all toll fees and penalties that it collects," the
complaint states.

It is not uncommon for owners to never receive the toll invoice or
to receive it late, because Xerox does not use "best efforts" to
obtain accurate mailing addresses when sending out the first
notice of toll evasion violations, the complaint states.  For
example, the toll invoices are sent to the vehicle's registered
address even when the DMV or U.S. Postal Service has updated
addresses on file for that owner.  When the postal service returns
prior notices sent to an invalid address, Xerox continues to mail
future invoices to the same invalid address, according to the

If the first toll violation notice goes unpaid for more than 30
days, a second notice is issued along with an additional $45
penalty. Vehicle owners then have 21 days from the issuance of the
violation, or 15 days from the mailing of the delinquent toll
evasion, to contest the fees.  If they do not do so, they are
deemed liable and in debt for the charges, the complaint states.

"The amount due is referred to the DMV, which places a hold on the
vehicle owner's vehicle registration until the outstanding tolls
and penalties are paid.  Further, defendants may report the 'debt'
to collection agencies and a civil judgment may be obtained
against the vehicle owner," Saliani says.

In the 2013, thanks to the approximately 20,000 vehicles that
cross the Golden Gate Bridge each month, revenue generated from
the toll exceeded $100 million, the complaint states.

"Since the Golden Gate Bridge converted to an all-electronic
tolling system in March 2013, penalties assessed on toll evasion
violations have become an important source or revenue for
defendants.  Indeed, defendants released data showing that for the
first four months of operation of the all-electronic tolling
system, they issued 290,489 toll evasion violations and collected
nearly $3 million in penalties," Saliani claims.

Saliani seeks punitive damages for violation of the California Due
Process Clause, mandatory duty, unfair business practices, and
negligence.  He also seeks an injunction requiring the Golden Gate
Bridge and Xerox to refund fees and penalties to drivers, reverse
any DMV registration holds, and provide owners with a fair and
impartial review of their toll evasion violations.

The Plaintiff is represented by:

          Adam J. Gutride, Esq.
          835 Douglass Street
          San Francisco, CA 94114
          Telephone: (415) 639-9090
          Facsimile: (415) 449-6469
          E-mail: adam@gutridesafier.com

BENIHANA NATIONAL: Faces "Vasquez" Suit Over Failure to Pay OT
Remberto Vasquez, and all others similarly situated v. Benihana
National Corp., a Foreign Corporation, Case No. 0:14-cv-61580
(S.D. Fla., July 9, 2014), seeks to recover unpaid overtime
compensation pursuant to Fair Labor Standards Act.

Benihana National Corp. owned and operated several restaurants
within the Southern District of Florida.

The Plaintiff is represented by:

      Robert Scott Norell, Esq.
      Robert S. Norell P.A.
      300 NW 70th Avenue, Suite 305
      Plantation, FL 33317
      Telephone: (954) 617-6017
      Facsimile: (954) 617-6018
      E-mail: robnorell@aol.com

BMW: Plaintiffs File Amended Sunroof Defect Class Action Complaint
Jenna Reed, writing for glassBYTEs.com, reports that BMW owners
Monita Sharma and Eric Anderson have filed an amended third class
action complaint in the U.S. Northern District Court of
California, San Francisco division, alleging their vehicles
suffered water damage after the drainage tubes installed to pull
water away from the sunroofs did not properly work.  "[The court]
determined that plaintiffs' Consumer Legal Remedies Act and the
Unfair Competition Law claims could not stand because there were
insufficient allegations in the complaint to establish that BMW
was aware of the safety defect at issue before the plaintiffs
purchased their vehicles.  However, the court granted plaintiffs
the right to amend their complaint to remedy this deficiency,"
according to court documents.

"This is a class action lawsuit brought on behalf of individuals
[California residents who have owned or leased any BMW X5 series
vehicles, X3 series vehicles and 5 series vehicles] . . . that
were manufactured between 1999 and 2008. The plaintiffs allege
that the class vehicles were manufactured with a serious safety
defect that may cause the vehicles to lose power while driving,
rendering them unmerchantable," plaintiffs' attorneys allege.

"Specifically, the plaintiffs assert that BMW chose to locate
vital electronic equipment for the vehicles in the lowest part of
the trunk and that this makes the equipment particularly prone to
water damage.  When this electronic equipment gets wet, the
vehicles will suddenly lose power.

"Plaintiff Monita Sharma purchased her BMW in May 2009, and
plaintiff Eric Anderson purchased his BMW in March 2012.  These
purchases were made after BMW knew about the safety defect and
circulated a secret service bulletin advising its repair
facilities to relocate the faulty electrical equipment and warn
consumers to avoid placing water in the affected vehicles' trunks
and BMW received customer complaints on the issue, including
complaints from the National Highway and Transportation
Administration (NHTSA), as described in plaintiffs' third-amended
class action complaint," they add.

The plaintiffs' allege BMW knew of the "defect" because it
released the "secret service bulletin" dated August 2009, which
replaced an earlier February 2009 bulletin, to various authorized
service providers.  "In this service bulletin, BMW repair
facilities are instructed to replace water damaged modules and
move them to another, less vulnerable, location of the trunk,"
attorneys claim.  "The bulletin also instructs repair facilities
to place a permanent warning placard in the trunk that
specifically warns owners that there is vital electrical equipment
in the trunk and to avoid allowing liquids into this area of the
vehicle.  The service providers are also instructed to verbally
notify class members 'of the label and the fact that liquids
should not be present on or under the trunk insulation, due to the
sensitive nature of the electronic control units located in the
spare tire well.'"

"[T]he above-described conduct is a breach of the implied warranty
of merchantability and violates both the California Consumer Legal
Remedies Act and the California Unfair Competition law.  With this
action, Plaintiffs seek 1) to obtain a refund for all consumers
who incurred out-of-pocket expenses associated with the repair
and/or replacement of water damaged SDARS, PDC, or RDC modules, 2)
obtain damages associated with the loss of the benefit of the
bargain, and/or 3) obtain an injunction ordering BMW to notify
class members about the defect at issue and to repair the defect
by moving all SDARS, RDC and PDC Modules pursuant to its own
internal service bulletin," attorneys claim.

"BMW systematically, purposefully, and fraudulently concealed the
defects and misled customers by telling them that any problems in
connection with the defects were actually caused by customers'
failure to maintain their vehicles properly and/or by 'outside
influences' -- by claiming, for example, that the flooding in the
trunk and electronic damage was not due to design defects but
rather due to the customer's failure to clean out the sunroof
drain tubes and/or even telling class members that such damage was
merely due to weather," attorneys write.

Plaintiffs seek a court order certifying class action status,
injunctive relief, as well as damages and attorneys' costs.  They
want a jury trial.

At press time, BMW's attorneys had not responded to the complaint.

CARIBBEAN CRUISE: Sued in S.D. Fla. for Making Unsolicited Calls
Wade Gaines Kilpatrick, individually and on behalf of other
persons similarly situated v. Caribbean Cruise Line, Inc.,
Celebration Cruise Line Management, LLC, and Celebration Cruise
Line, LLC, Case No. 0:14-cv-61572 (S.D. Fla., July 9, 2014), is
brought against the Defendant alleging violations of the Telephone
Consumer Protection Act.  The suit alleges that the Defendant
caused unsolicited calls to be made to Plaintiff's and other class
members' cellular telephones through the use of an auto-dialer
and/or artificial or pre-recorded or artificial voice message.

Caribbean Cruise Line, Inc., Celebration Cruise Line Management,
LLC, and Celebration Cruise Line, LLC, are cruise line operators.

The Plaintiff is represented by:

      Benjamin H. Crumley, Esq.
      2254 Riverside Avenue
      Jacksonville, FL 32204
      Telephone: (904) 374-0111
      Facsimile: (904) 374-0113

        - and -

      W. Craft Hughes, Esq.
      Jarrett L. Ellzey, Esq.
      Brian B. Kilpatrick, Esq.
      2700 Post Oak Blvd., Ste. 1120
      Galleria Tower I
      Houston, TX 77056
      Telephone: (713) 554-2377
      Facsimile: (888) 995-3335
      E-Mail: craft@hughesellzey.com

CARGILL INC: Recalls Nutrena(R) NatureWise(R) Meatbird Feed
Cargill's animal nutrition business announced a voluntary recall
of its Nutrena NatureWise meatbird feed due to excess levels of
sodium. Sodium is an essential nutrient for poultry. However,
excess levels of sodium in diets for meatbirds may result in
pulmonary hypertension, increased mortality, reduced growth rate,
increased water consumption, wet droppings, and wet litter.
Consumption of the affected feeds may have contributed to poultry
illness and death. Customers should call their veterinarian if
their animals have experienced adverse health effects while
consuming the affected product.

The affected products were manufactured at Cargill's West Branch,
Iowa, facility on April 28, 2014, and were distributed in Iowa,
Illinois, and possibly Missouri. Products were sold in 40-lb. bags
under the name NatureWise Meatbird 22% Crumble with the product
code 91585-40 and lot code 5941181016. The product and lot codes
can be found on the bottom left corner of the tag that is attached
to the bag.

Cargill is taking appropriate steps to retrieve all affected
products, and is continuing to investigate how the excess levels
of sodium in the feed occurred.

Consumers should return remaining product to their local dealer or
retailer for a replacement or full refund. For more information,
including photos of products involved, visit our website at
www.cargill.com/feed/meatbird-feed-recall, or call 800-367-4894
(Monday through Friday between 7 a.m. and 5 p.m. Central Time).

Cargill provides food, agriculture, financial and industrial
products and services to the world.

CATERPILLAR INC: "K Double" Suit Included in C13/C15 Engine MDL
The class action lawsuit styled K Double D, Inc. v. Caterpillar
Inc., Case No. 1:14-cv-01760, was transferred from the U.S.
District Court for the District of Colorado to the U.S. District
Court for the District of New Jersey (Camden).  The New Jersey
District Court Clerk assigned Case No. 1:14-cv-04416 to the

The lawsuit is included in the multidistrict litigation known as
In Re: Caterpillar Inc. C13 and C15 Engine Products Liability
Litigation, MDL # 2540 and Lead Case No. 1:14-cv-03722-JBS-JS.

The litigation arises out of allegations that an exhaust emission
control system, called the Caterpillar Regeneration System, used
in certain model year C13 and C15 engines manufactured by
Caterpillar, is defective.  In the actions, the Plaintiffs allege
that buses or trucks in which these engines were installed
suffered repeated failures and fault warnings, resulting in costly
and time-consuming repairs.  The plaintiffs assert claims for
breach of express and implied warranties, and all of the actions
are asserted on behalf of putative state or nationwide classes of
purchasers or lessees of vehicles with C13 or C15 engines.

The Plaintiff is represented by:

          Richard J. Burke, Esq.
          1010 Market Street, Suite 1340
          St. Louis, MO 63101
          Telephone: (847) 433-2500
          E-mail: richard@complexlitgroup.com

               - and -

          Jamie E. Weiss, Esq.
          513 Central Ave., 3rd Floor
          Highland Park, IL 60035
          Telephone: (847) 433-4500
          Facsimile: (847) 433-2500
          E-mail: Jamie@complexlitgroup.com

               - and -

          Jonathan Shub, Esq.
          1515 Market Street, Suite 1380
          Philadelphia, PA 19102
          Telephone: (215) 553-7980
          Facsimile: (215) 851-8029
          E-mail: JShub@SeegerWeiss.com

               - and -

          Mitchell Baker, Esq.
          1543 Champa Street, Suite 400
          Denver, CO 80202
          Telephone: (303) 592-7353

CEPHALON INC: Judge Tosses $22-Mil. Off-Label Marketing Suit
Dan Packel and Linda Chiem, writing for Law360, report that a
Pennsylvania federal judge on July 14 dismissed Travelers
Indemnity Co.'s suit seeking to recover $22 million in workers'
compensation claims from Cephalon Inc. over the off-label use of
two cancer painkillers, finding Travelers didn't allege an injury
and thus did not have standing to sue.

The court granted Cephalon's motion to dismiss the amended
complaint alleging it used deceptive sales schemes to push the
sale of the painkillers Actiq and Fentora, which were approved for
cancer patients.  According to the order, Travelers did not prove
that it was injured by the off-label marketing and did not
identify any false statements Cephalon made about the efficacy of
the drugs, so it did not have standing to bring the suit.

"Because the plaintiffs have not pleaded facts to show that they
paid for an ineffective drug, or that the drugs' safety risks
resulted in some expenditure by the plaintiffs themselves, the
plaintiffs have not pleaded a concrete, particularized injury,"
the order said.

In its 2012 suit, Travelers said that as a result of Cephalon's
deceptive sales scheme and violation of consumer protection laws
for the drug Actiq, it had to pay out millions of dollars to cover
workers' compensation claims, in which the powerful and highly
addictive drug was frequently prescribed and in many cases
misused, causing patient harm and death.  It later amended the
suit, claiming the company had the same policy with the drug

Travelers said it paid for more than 8,400 prescriptions for Actiq
by more than 500 noncancer patients, which totaled $17.5 million
between 2007 and 2011.  The Fentora prescriptions cost a total of
$4.5 million, according to court filings.

Cephalon filed to dismiss the suit in July 2013, arguing that
Travelers' allegations, at worst, illustrated conduct that
violated U.S. Food and Drug Administration regulations, but
private entities had no stake in the matter.

Travelers responded that Cephalon did not just push Actiq for off-
label uses, it did so when there were specific indications that
the drug was dangerous in certain situations.  It called the
company's marketing infractions "deliberate, egregious and

However, the court rejected Travelers' argument that it was
injured because the drugs were unsafe or ineffective as
prescribed.  The complaint did not include any information or FDA
materials proving that the drugs didn't relieve claimants' pain,
and Travelers cannot prove injury just by saying it paid for more
expensive drugs.

"The absence of data or evidence affirmatively proving that a drug
is safe and effective in treating a particular condition, without
more, does not support the conclusion that the drug is actually
ineffective or unsafe for that use," the order said.

After finding that Travelers didn't have standing to bring suit,
the court also found that it didn't sufficiently establish its
claims for intentional and negligent misrepresentation because
Cephalon didn't actually misrepresent the safety of the drugs.
Travelers also did not prove its claims for unfair competition and
unjust enrichment, the order said.

Travelers is represented by Katherine Scanlon --
kscanlon@sgllawgroup.com -- and William Hurlock --
whurlock@sgllawgroup.com -- of Seiger Gfeller Laurie LLP.

Cephalon is represented by J. Gordon Cooney Jr. --
jgcooney@morganlewis.com -- Brian M. Ercole --
bercole@morganlewis.com -- Steven Reed -- sreed@morganlewis.com --
Erica Smith-Klocek -- esklocek@morganlewis.com -- and Jeremy
Menkowitz -- jmenkowitz@morganlewis.com -- of Morgan Lewis &
Bockius LLP.

The case is The Travelers Indemnity Co. et al. v. Cephalon Inc. et
al., case number 2:12-cv-04191, in U.S. District Court for the
Eastern District of Pennsylvania.

CHARLES PRODUCTS: Lead, Cadmium Prompt Recall of Shot Glasses
Charles Products, Inc. has recalled shot and pint glasses
identified below sold exclusively through M&M'S World retail
stores in New York, Las Vegas, Orlando and London.

CPI is recalling the following shot and pint glasses:

Glasses with an image of the Red M&M'S character and the words
"Hard on the outside, soft on the inside;"

Glasses with an image of the Blue M&M'S character and the words
"Who's your candy?;" and

Glasses with an image of the Green M&M'S character and the words
"Eye candy.

Through its internal compliance and independent laboratory product
testing program, the company became aware that the glassware may
exceed the Food and Drug Administration's ("FDA") guidance levels
for leachable lead and cadmium. Both lead and cadmium are heavy
metals found in the environment that accumulate in human bodies.
Both can cause serious health complications at high levels. These
glasses should therefore be returned and should not be used for
the consumption of beverages, alcoholic or otherwise.

1,202 pint glasses and 6,335 shot glasses have been sold between
the dates of January 8, 2014 and April 16, 2014. No illness
related to this product has been reported to date. The recall only
applies to the SKU #s below and no other products are affected.

The products that are subject to this recall are only the pint and
shot glasses with printing on the inside pictured below. A picture
of the label located on the bottom of each glass is also included.

    Material       SKU        Description
    --------       ---        -----------
    2000835986     835986     SHOT GLASS RED
    2000835989     835989     SHOT GLASS BLUE
    2000835990     835990     SHOT GLASS GREEN
    2000835993     835993     PINT GASS GREEN
    2000835991     835991     PINT GLASS RED
    2000835992     835992     PINT GLASS BLUE

Consumers who purchased the recalled shot and pint glasses with
printing on the inside should contact M&M'S World at the contacts
above for a full refund or may return them to one of the four
stores where the items were purchased:

M&M'S World New York City
1600 Broadway
New York, NY 10019

M&M'S World Las Vegas
3785 South Las Vegas Blvd
Las Vegas, NV 89109

M&M'S World Orlando
8001 S. Orange Blossom Trail
Suite 1132
Orlando, FL 32809

M&M'S World London
1 Swiss Court

CHICAGO BOARD OF EDUCATION: Teachers Not Entitled to Preference
Jack Bouboushian, writing for Courthouse News Service, reports
that tenured schoolteachers whom Chicago laid off for economic
reasons are not entitled to preference for open positions over new
applicants, citing a 7th Circuit ruling.

In 2010, Chicago Public Schools (CPS) "honorably discharged" 1,289
public school teachers, many of whom were tenured.  With an
increase in federal funding, it later recalled 715 teachers.

One year later, the 7th Circuit ruled that tenured, laid-off
teachers who were not rehired have a property interest in their
continued employment, and Chicago's Board of Education must create
a recall procedure to let former teachers fill vacant positions.

That decision later unraveled , however, with the Illinois Supreme
Court's refusal to recognize such a property right.

Williette Price was one of the tenured teachers who lost her job
during this round of layoffs.

Her class action asserts that "by virtue of being tenured, a
teacher in CPS has a permanent property interest in filling any
existing open or vacant position in CPS for which she was
qualified at the time of her layoff, even if it was not the
position that teacher previously filled," according to the
judgment.  She claims CPS had new hires with little to no
classroom experience fill many of the vacated positions, without
giving laid-off teachers any notice of the vacancies for which
they might be qualified.

This month, the 7th Circuit again ruled for the Board of
Education, on the same ground that it vacated its 2011 opinion.

"The Illinois Supreme Court's decisions in Land [v. Bd. of Educ.
of the City of Chi.] and CTU III [Chi. Teachers Union, Local No. 1
v. Bd. of Educ.] stand for the proposition that tenured teachers
do not have a protected property interest in getting rehired or in
filling vacant positions for which they are qualified after being
laid off," Judge Ann Williams wrote for the three-judge panel.

"Because Price fails to point to any source for the property right
she alleges exists, we need not consider what process she is
entitled to protect that right," the opinion concludes.

The appellate case is Williette Price, on behalf of herself and
all persons similarly situated v. Board of Education of the City
of Chicago and Barbara Byrd-Bennett, in her official capacity,
Case No. 13-2007, in the United States Court of Appeals for the
Seventh Circuit.  The original case is Williette Price, on behalf
of herself and all persons similarly situated v. Board of
Education of the City of Chicago and Barbara Byrd-Bennett, in her
official capacity, Case No. 11-cv-4463, in the United States
District Court for the Northern District of Illinois, Eastern

CHRYSLER: Tells Gov't It Can Fix Recalled Jeep SUVs Faster
Tom Krisher, writing for The Associated Press, reports that
Chrysler can fix recalled Jeep SUVs far faster than U.S. safety
regulators have predicted, the automaker told the government on
July 16.

The development could end a spat between the automaker and the
National Highway Traffic Safety Administration, which has accused
Chrysler of moving too slowly to repair about 2.7 million SUVs in
a recall announced more than a year ago.

The older Jeep Grand Cherokees and Libertys have gas tanks behind
the rear axles that can rupture in rear collisions, leak fuel and
cause fires.  The remedy is to install a trailer hitch to protect
the tanks in low-speed collisions.

Although NHTSA has pushed for the recall, Chrysler has maintained
the vehicles aren't defective and says it agreed to the trailer
hitches because the matter "has raised public concern."

In a tersely worded letter to Chrysler earlier this month, the
safety agency demanded that Chrysler answer questions about why
the recall is taking so long.  The agency said production of the
trailer hitches didn't start until May of this year, and the pace
is so slow that it will take Chrysler 4.7 years to get enough
hitches if all owners respond to the recall.  If only half
respond, it will take Chrysler two years to get the parts, the
letter said.

"The agency has no intention of allowing Chrysler, or any other
manufacturer, to delay recall completion to the detriment of
safety," the letter said.

NHTSA ordered Chrysler to answer the questions by July 16, and the
automaker released its response on the night of July 16.

It says that the trailer hitch supplier now has additional
production capacity and can make enough hitches for the recall by
March 21 of next year.  The response also says NHTSA over-
estimated the number of hitches needed to fix the problem, failing
to account for vehicles that already have hitches and for SUVs
that are no longer in use.

Chrysler estimates that just under 267,000 hitches will be needed
for Grand Cherokees and 579,000 for Libertys.

The recall and a related customer service campaign cover 1993-2004
Grand Cherokees and 2002-2007 Libertys.  Chrysler estimates the
fixes globally will cost $151 million.

The spat over the recall pace is the latest in a long fight
between the automaker and agency over the safety of the SUVs, all
built before the 2008 model year.  Initially, NHTSA wanted the
company to recall 2.7 million of them, but Chrysler refused,
saying they were as safe as similar vehicles.  They eventually
worked a deal to recall 1.56 million, with 1.2 million others
placed in a campaign to be inspected for hitches.  Last year,
NHTSA said a three-year investigation showed 51 people had died in
fiery crashes in the Jeeps.

Clarence Ditlow, head of the nonprofit Center for Automotive
Research, said in a letter to NHTSA earlier this month that the
agency should immediately force Chrysler to speed up the recalls.
While NHTSA and Chrysler argue, four more people have been killed
and two more seriously burned in Jeep fire crashes, according to
Mr. Ditlow.

CITIZENS BANK: Suit Alleges Work Discrimination Based on Gender
David Elswick v. Citizens Bank of Pennsylvania, Case No. 2:14-cv-
00935-MRH (W.D. Pa., July 14, 2014) is brought under the Civil
Rights Act to redress alleged violations of the Plaintiff's right
to be free from employment discrimination based upon his gender.

Mr. Elswick, who was employed by the Bank as Assistant Branch
Manager, alleges that the reason given for his termination was a
mere pretext and the real reason for his termination was in
retaliation for having filed a sexual harassment complaint against
a female employee.  He adds that he was terminated because of his
gender because similarly situated female managers were not treated
in the same way.

Citizens Bank of Pennsylvania is an entity doing business in the
Commonwealth of Pennsylvania.  The Defendant has a place of
business located in Butler, Pennsylvania.  The Defendant is a bank
serving both individuals and companies with various financial
products and services, including checking and savings accounts,
mortgages, lines of credit and other loans.

The Plaintiff is represented by:

          Michael J. Bruzzese, Esq.
          300 Koppers Building
          436 Seventh Avenue
          Pittsburgh, PA 15219
          Telephone: (412) 281-8676
          Facsimile: (877) 433-4898
          E-mail: mjb@mjb-law.net

CLEAN DOCTORS: Suit Seeks to Recover Unpaid Overtime & Damages
Oscar Ricardo Bonilla Velasquez, on behalf of himself and FLSA
Collective Plaintiffs v. The Clean Doctors Of New York, Ltd. and
Jason Nogin, Case No. 1:14-cv-04210 (E.D.N.Y., July 9, 2014),
seeks to recover unpaid overtime, unpaid minimum wages, liquidated
damages and attorneys' fees and costs.

The Clean Doctors Of New York, Ltd., owns and operates maintenance
and cleaning business located at 3442 Poplar Street, Oceanside, NY

The Plaintiff is represented by:

      C.K. Lee, Esq.
      Anne Seelig, Esq.
      30 East 39th Street, 2nd Fl.
      New York, NY 10016
      Fax: 212-465-1181
      Phone: 212-465-1188

COMDATA CORP: Judge Awards $50 Million to Plaintiffs' Attorneys
Beth Winegarner and Michael Lipkin, writing for Law360, report
that a Pennsylvania federal judge on July 14 awarded $50 million
to the attorneys who represented a cadre of independently owned
truck stops in a $130 million settlement in their antitrust case
accusing national truck stop chains of conspiring with Comdata
Corp. to drive out competitors.

U.S. District Court Judge James Knoll Gardner awarded just more
than $50 million to plaintiffs' counsel, including teams from
Berger & Montague PC, Lieff Cabraser Heimann & Bernstein LLP and
Quinn Emanuel Urquhart & Sullivan LP.  The sum included an award
for one-third of the settlement, plus $6.7 million the attorneys
spent litigating an estimated 85,000 hours in the long-running
antitrust suit "with no guarantee of recovery," Judge Gardner
noted in the ruling.

Berger & Montague's Eric Cramer -- ecramer@bm.net -- told Law360
on July 14 that the attorneys are pleased with the settlement and
glad that Judge Gardner "recognized the work of class counsel in
the matter."

Mr. Cramer also lauded the judge for recognizing the value of the
settlement itself, which would allow thousands of independent
truck stops and retail fueling shops to recover an average of more
than $35,000 apiece.  The worth of the total settlement, including
prospective relief, was estimated at $260 to $490 million, given
the fact that Comdata agreed not to enforce contract provisions
the plaintiffs claimed were anti-competitive, he said.

Under the deal, named plaintiff Marchbanks Truck Service Inc. is
slated to receive an award of $150,000, fellow named plaintiffs
Krachey's BP South and Walt Whitman Truck Stop Inc. will receive
$75,000 each and Mahwah Fuel Stop will receive $15,000, court
documents said.

"There was not a single objection to the settlement or to the
requested fee, which we believe was a testament to the great
result and quality of representation over the seven years of this
case," Mr. Cramer said.

According to the plaintiffs, Comdata's specially issued trucker
payment cards and the point of sale system used to process them
overtook the market in the 1990s, leaving the truck stops with
little choice but to accept them as payment.

Beginning in 2000, the company allegedly implemented a two-tiered
pricing scale in violation of the Sherman Act that slapped
independent truck stops with high processing fees, and truck stop
chains paid significantly lower ones in a bid to prevent the
chains from developing rival payment card systems, the suit

That price differential was huge, the suit contends.  Chain truck
stops had paid a paltry $1-per-transaction surcharge, but
independent operators had been saddled with a percentage-based
per-purchase fee of at least 2 percent -- amounting to at least a
500 percent to 1,000 percent cost differential, according to the

The chain stops tacitly agreed to go in on the purported scam,
signing contracts with provisions demanding they refuse rival
payment cards and not develop their own competing payment
systems -- severely stifling competition in the payment card
market, according to the complaint.

Under the settlement, announced in January, Comdata will pay $100
million of the total settlement and will agree to change some of
its allegedly anti-competitive practices.  Judge Gardner granted
final approval to the deal in a separate order on July 14.

The plaintiffs are represented by Eric L. Cramer and Andrew Curley
-- acurley@bm.net -- of Berger & Montague PC; Stephen Neuwirth --
stephenneuwirth@quinnemanuel.com -- Dale Oliver --
daleoliver@quinnemanuel.com -- and Jeffrey Shandel --
jeffreyshandel@quinnemanuel.com -- of Quinn Emanuel Urquhart &
Sullivan LLP; and Eric Fastiff and Dean Harvey of Lieff Cabraser
Heimann & Bernstein LLP.

The defendants are represented by Reed Smith LP, Ropes & Gray LLP,
Ballard Spahr LLP, Telos VG PLLC, Clark Hill Thorp Reed LLP, Crowe
& Dunlevy PC and Harkins Cunningham LLP.

The case is Universal Delaware Inc. et al., v. Ceridian Corp. et
al., case number 2:07-cv-01078, in U.S. District Court for the
Eastern District of Pennsylvania.

COMPUTER SCIENCES: Wins Final OK for Va. Securities Suit Accord
The United States District Court for the Eastern District of
Virginia granted final approval to a settlement reached in In re
Computer Sciences Corporation Securities Litigation (No. 1:11-cv-
610-TSE-IDD), according to the company's May 22, 2014, Form 10-K
filing with the U.S. Securities and Exchange Commission for the
year ended March 28, 2014.

Between June 3, 2011, and July 21, 2011, four putative class
action complaints were filed in the United States District Court
for the Eastern District of Virginia, entitled City of Roseville
Employee's Retirement System v. Computer Sciences Corporation, et
al. (No. 1:11-cv-00610-TSE-IDD), Murphy v. Computer Sciences
Corporation, et al. (No. 1:11-cv-00636-TSE-IDD), Kramer v.
Computer Sciences Corporation, et al. (No. 1:11-cv-00751-TSE-IDD)
and Goldman v. Computer Sciences Corporation, et al. (No. 1:11-cv-
777-TSE-IDD). On August 29, 2011, the four actions were
consolidated as In re Computer Sciences Corporation Securities
Litigation (No. 1:11-cv-610-TSE-IDD) and Ontario Teachers' Pension
Plan Board was appointed lead plaintiff. A consolidated class
action complaint was filed by plaintiff on September 26, 2011, and
names as defendants CSC, Michael W. Laphen, Michael J. Mancuso and
Donald G. DeBuck. A corrected complaint was filed on October 19,
2011. The complaint alleges violations of the federal securities
laws in connection with alleged misrepresentations and omissions
regarding the business and operations of the Company.

Specifically, the allegations arise from the Company's disclosure
of the Company's investigation into certain accounting
irregularities in the Nordic region and its disclosure regarding
the status of the Company's agreement with the NHS. Among other
things, the plaintiff sought unspecified monetary damages. The
plaintiff filed a motion for class certification with the court on
September 22, 2011, and the defendants filed a motion to dismiss
on October 18, 2011. A hearing was held on November 4, 2011. On
August 29, 2012, the court issued a Memorandum Opinion and Order
granting in part and denying in part the motion to dismiss. The
court granted the motion to dismiss with respect to the
plaintiff's claims in connection with alleged misrepresentations
and omissions concerning the Company's operations in the Nordic
Region. The court granted in part and denied in part the motion to
dismiss with respect to the plaintiff's claims in connection with
alleged misrepresentations and omissions concerning the Company's
internal controls and the Company's contract with the NHS. The
court also granted the plaintiff leave to amend its complaint by
September 12, 2012, and maintained the stay of discovery until the
sufficiency of the amended complaint had been decided. The court
further denied plaintiff's motion for class certification without

On September 12, 2012, the plaintiff filed a notice advising the
Court that it had determined not to amend its complaint and
renewed its motion for class certification. On September 21, 2012,
the court issued an Order setting the hearing on the motion for
class certification for October 12, 2012, directing the parties to
complete discovery by January 11, 2013 and scheduling the final
pretrial conference for January 17, 2013. On October 9, 2012, the
defendants filed their answer to the plaintiff's complaint. On
October 12, 2012, the hearing on the motion for class
certification was rescheduled to November 1, 2012. On October 31,
2012, the parties filed a joint motion with the court requesting
that the hearing on the motion for class certification be
rescheduled to a later date. On November 1, 2012, the court issued
an order setting the hearing for class certification for November
15, 2012. On November 30, 2012, the court granted plaintiff's
motion for class certification.

On December 14, 2012, defendants filed with the Fourth Circuit a
petition for permission to appeal the class certification order
pursuant to Federal Rule of Civil Procedure 23(f). Plaintiff's
response to the petition was filed on February 20, 2013. On March
5, 2013, the Fourth Circuit denied the petition for permission to
appeal the class certification order. On December 14, 2012, the
court issued an order extending the expert discovery deadline to
February 25, 2013. On December 20, 2012, the court issued an order
extending the fact discovery deadline to February 11, 2013 and the
expert discovery deadline to March 25, 2013. On January 13, 2013,
the court issued an order extending the expert discovery deadline
to April 1, 2013. Motions for summary judgment were filed on March
18, 2013.

On May 15, 2013, the Company entered into a stipulation and
agreement of settlement with the lead plaintiff to settle all
claims in the lawsuit for $97.5 million, which was accrued for as
of March 29, 2013 and included in accrued expenses and other
current liabilities on the Company's Consolidated Balance Sheet.

As of March 29, 2013, the Company has also recorded a receivable
of $45 million, which represents the amount recoverable under the
Company's corporate insurance policies, and is included in
receivables on the Company's Consolidated Balance Sheet. The
amounts due from the insurance companies were received during
fiscal 2014. The agreement was subject to approval by the court.
On May 24, 2013, the Court entered a Preliminary Approval Order
Providing for Notice and Hearing in Connection with Proposed Class
Action Settlement. On September 19, 2013, a Settlement Hearing was
held before the Court. On September 20, 2013, the Court entered a
Final Order and Judgment, which, among other things, approved the
Settlement in all respects.

COVERALL NORTH AMERICA: 9th Cir. Affirms Settlement Approval
Janet Sparks, writing for Blue MauMau, reports that the U.S. Court
of Appeals, Ninth Circuit, affirmed the ruling from a federal
California court which approves a proposed class action settlement
agreement.  The decision allows close to $1 million in attorney
fees for franchisee plaintiffs' legal counsel.

In Laguna v. Coverall N. Am., Inc. the franchisees brought the
class action lawsuit in 2009 against the janitorial cleaning
company claiming it had misclassified California franchisees as
independent contractors.  They allege Coverall was attempting to
avoid certain protections afforded to franchise owners, and in
doing so breached its franchise agreements by taking existing
accounts from franchisees and reselling them to other franchisees.

After the franchise owners agreed to settle, an objector
challenged the agreement which gave former franchisees a credit of
$750 and a payment of $475, and the right to rescind their
franchise agreements.  It also provided injunctive relief
requiring certain changes to the franchise agreements and
Coverall's operating procedures.  The objector also contested the
award of $994,800 in attorneys' fees to the class counsel.

The July 8, 2014 issue of the Gray Plant Mooty GPMemorandum tells
clients that the Ninth Circuit concluded that the settlement was
fair, reasonable, and adequate.  "A majority of the appellate
panel members held the district court had correctly considered the
elements of the settlement agreement and had properly applied the
lodestar method in gauging the fairness of the attorneys' fees.
(Recommending that the case be remanded, a dissenting judge felt
there was a lack of information to support the validity of both
the settlement agreement and the attorneys' fees.)"  The bulletin
further states that despite the objections, the majority held that
Ninth Circuit Rule has "never required a district court to assign
a monetary value to purely injunctive relief," and the court "puts
a good deal of stock in the product of an arms-length, non-
collusive, negotiated resolution."

Barry A. Guryan of Epstein Becker Green said the Ninth Circuit
opinion is very narrow due to the standard of review that the
court was bound by in reviewing the decision of the district
court.  "The primary issue that the Ninth Circuit was asked to
review was whether a compromise settlement agreement approved by
the lower court was 'fair, reasonable and adequate.'  The standard
of review to reverse such a case is whether there has been 'a
strong showing that the district court's decision was a clear
abuse of discretion.'  That's a high standard," Attorney Guryan
explained. He added that the Ninth Circuit did not makes its own
independent findings of the underlying merits of the facts
presented in the case.  He said, "The court held that the district
court, did not abuse its discretion in ruling that the settlement
was fair."

CREDIT CONTROL: Violates Fair Debt Collection Act, Suit Claims
Sima Babad f/k/a Sima Isaacson, on behalf of herself and all other
similarly situated consumers v. Credit Control, LLC, d/b/a Credit
Control & Collections, LLC, f/k/a Omni Credit Services of Florida,
Inc., Case No. 1:14-cv-04303-CBA-VMS (E.D.N.Y., July 14, 2014)
arises from alleged 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

CVR ENERGY: Settlement Reached in Del. Lawsuit v. Icahn
A settlement agreement was reached in the suit City of Tamarac
Firefighter Pension Trust Fund, et al. v. Carl C. Icahn et al.,
according to CVR Energy, Inc.'s May 22, 2014, Form 8-K filing with
the U.S. Securities and Exchange Commission.

The parties to City of Tamarac Firefighter Pension Trust Fund, et
al. v. Carl C. Icahn et al., C.A. No. 7597-CS, pending in the
Court of Chancery of the State of Delaware, entered into a
Stipulation and Agreement of Compromise, Settlement and Release on
May 9, 2014, pursuant to which the plaintiffs' individual direct
claims, class action claims and derivative claims, if approved by
the Court, would be dismissed.

CVR Energy, Inc. is a defendant in the lawsuit.

A copy of the Stipulation filed together with the Form 8-K is
available at http://is.gd/nyABTN

DOLLAR TREE: Loses Bid to Decertify Va. Lawsuit by Employees
A federal judge in Virginia denied the motion of Dollar Tree, Inc.
to decertify a collective action by an assistant store manager and
an hourly associate and the case is now continuing, according to
the company's May 22, 2014, Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarter ended May 3,

In 2011, a collective action was filed against the Company by an
assistant store manager and an hourly associate, alleging they
were forced to work off the clock in violation of the Fair Labor
Standards Act (FLSA) and state law. A federal judge in Virginia
ruled that all claims made on behalf of assistant store managers
under both the FLSA and state law should be dismissed. The court,
however, conditionally certified an opt-in collective action under
the FLSA on behalf of hourly sales associates.

Approximately 4,300 plaintiffs remain in the case. In March 2014,
the court denied the Company's motion to decertify the collective
action and the case is now continuing.

DOLLAR TREE: Cal. Suit Over Rest Breaks Will Proceed to Trial
The class in a suit alleging Dollar Tree, Inc. failed to provide
rest breaks to assistant store managers has been certified and the
case may now proceed to trial if an appeal is not granted,
according to the company's May 22, 2014, Form 10-Q filing with the
U.S. Securities and Exchange Commission for the quarter ended May
3, 2014.

In 2012, a former assistant store manager, on behalf of himself
and those alleged to be similarly situated, filed a putative class
action in a California state court, alleging the Company failed to
provide rest breaks to assistant store managers. The alleged time
period is July 13, 2008 to the present. Discovery is ongoing. The
class has been certified and the case may now proceed to trial if
an appeal is not granted.

Dollar Tree also disclosed that in 2012, two former store
managers, under California's Labor Code and Private Attorney
General Act (PAGA), instituted suit now pending in the federal
court in California on behalf of themselves and others alleged to
be similarly aggrieved in the state of California, alleging they
were misclassified by the Company as exempt employees. The Company
settled with one plaintiff for an immaterial amount. The Company
prevailed at trial in November 2013 with the other plaintiff and
is awaiting a final order and a possible appeal by the plaintiff.

Dollar Tree further disclosed that in 2013, a former assistant
store manager on behalf of himself and others alleged to be
similarly aggrieved filed a representative PAGA claim under
California law currently pending in federal court in California.
The suit alleges that the Company failed to provide uninterrupted
meal periods and rest breaks; failed to pay minimum, regular and
overtime wages; failed to maintain accurate time records and wage
statements; and failed to pay wages due upon termination of
employment. Discovery has not commenced and no trial date has been

DOLLAR TREE: Faces Suit by Former Assistant Store Manager in Cal.
Dollar Tree, Inc. is facing a suit by a former assistant store
manager in a California state court, according to the company's
May 22, 2014, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended May 3, 2014.

In May 2014, a former assistant store manager filed a putative
class action in a California state court for alleged failure to
provide meal periods, overtime, timely payment of wages during
employment and upon termination, failure to provide accurate wage
statements, as well as for alleged failure to indemnify employees
for business expenses in violation of California labor laws. This
matter is in early stages of investigation.

In September 2013, district attorneys in California initiated an
investigation of whether the Company properly disposed of certain
damaged retail products under Federal and California state
environmental law, primarily the Resource Conservation and
Recovery Act. This matter is in early stages of investigation.

In May 2014, the US Consumer Product Safety Commission ("CPSC")
began a staff investigation of circumstances related to 15 Letters
of Advice that the Company received from the CPSC from 2009 to

DOUBLE DECKER'S: "Santucci" Suit Seeks to Recover Unpaid Overtime
Cara Santucci v. Double Decker's, Inc. a/k/a Marotta's Restaurant
and Rose Schneider, Case No. 2:14-cv-14275 (S.D. Fla., July 9,
2014), seeks to recover overtime compensation and other relief
under the Fair Labor Standards Act.

Double Decker's, Inc. owns and operates the Marotta's Restaurant.

The Plaintiff is represented by:

      Chad Evan Levy, Esq.
      LEVY & LEVY
      300 Southeast 13th Street
      Ft. Lauderdale, FL 33316
      Telephone: (954) 763-5722
      Facsimile: (954) 763-5723
      E-mail: chad@levylevylaw.com

E. G. EMILS: Firm Recalls Deli Ham Product Due To Contamination
E. G. Emils & Sons, Inc., a Philadelphia, Pa. establishment, is
recalling approximately 5,896 pounds of deli ham product that may
be contaminated with extraneous materials, the U.S. Department of
Agriculture's Food Safety and Inspection Service (FSIS) announced.

The following product is subject to USDA recall:

    "Wegman's Food You Feel Good About Organic Ham," Wegman's
Private Label with pack lot numbers 14941309, 14941310 and

This product bears "EST 9935" inside the USDA mark of inspection
on the labels and was produced May 29, 2014. The product was
shipped to Wegman's locations in Maryland, Massachusetts, New
Jersey, New York, Pennsylvania and Virginia to be sliced at deli
counters. The organic ham was sold between June 12 and June 25.

The problem was discovered by a Wegman's employee upon slicing the
ham at the deli counter. The problem was traced to a piece of
plastic that broke off from an interlocker belt.

Neither the company nor FSIS has received any reports of injury
associated with consumption of this product. Anyone concerned
about an injury or illness from consumption of this product should
contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify that
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.

Consumers with questions about the recall should contact E.G.
Emils & Sons, Inc. at 215-763-9824. Media with questions about the
recall should contact customerservice@emils.com.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at
www.AskKaren.gov or via smartphone at m.askkaren.gov. "Ask Karen"
live chat services are available Monday through Friday from 10
a.m. to 4 p.m. ET. The toll-free USDA Meat and Poultry Hotline 1-
888-MPHotline (1-888-674-6854) is available in English and Spanish
and can be reached from 10 a.m. to 4 p.m. ET Monday through
Friday. Recorded food safety messages are available 24 hours a
day. The online Electronic Consumer Complaint Monitoring System
can be accessed 24 hours a day at: www.fsis.usda.gov/reportproblem

EBAY INC: Court Refused to Junk Suit Challenging Refund Policies
EBay must face a class action seeking fee refunds for items that
the site allegedly delisted though bidders had not actually
purchased them, a federal judge ruled, reports Kevin Koeninger at
Courthouse News Service.

Luis Rosado, the lead plaintiff in the San Jose, Calif., lawsuit,
alleged that eBay violated California's False Advertising Law
(FAL) and the Consumer Legal Remedies Act (CLRA) when it refused
to provide a full refund of his listing fees after his car didn't
sell on eBay Motors.

During the auction, a prospective buyer had clicked the "Buy It
Now" button -- which immediately delisted Rosado's car -- but did
not complete the transaction.

Rosado relisted his car the next day and requested a refund for
the $24 listing fee he originally paid, but eBay provided a credit
of just $4.25.  In his lawsuit, Rosado claimed "sellers are on
notice that they will not receive a refund if their item runs its
course and does not sell, . . . [but] sellers have no reason to
suspect that they will lose a portion of the listing duration
already paid for when their item is delisted after a prospective
buyer clicks the Buy It Now button but the item is not sold."

EBay moved to dismiss all of the claims, arguing that it acted in
accordance with the site's user agreement, which states that
"insertion fees and optional fees are charged at the time of the
listing and are nonrefundable."

U.S. District Judge Edward Davila found last week, however, that
Rosado may be able to show that eBay's user agreement -- in
particular the portion regarding a user who "commits" to buying an
item -- is misleading and vague.

"The court does not find that plaintiff is attempting to re-write
the contract as eBay argues," Davila wrote.  "Furthermore, the
existence of a contract between parties does not intrinsically
allow one party to contract to circumvent the factual question of
whether the agreement was misrepresented or misleading."

It is also possible for the class to show that eBay's allegedly
misleading statements would mislead the public, as needed to
satisfy the standard for fraud claims under FAL and CLRA.

Rosado showed "that members of the public are likely to be
deceived and describe[ed] the content of information omitted that
would have clarified eBay's policy in regards to fixed-price
listings that ended early without the completion of a sale," the
ruling states.

"Plaintiff also adequately alleged reliance by pointing out that
he relied on representations on eBay's website and the online form
used to create his listing, believed that his vehicle would be
listed for the full amount of listing time purchased unless his
vehicle sold before the listing period expired, and had he known
he would not receive a refund for the time remaining or that he
would not be given an opportunity to relist the item, he would not
have placed the listings, for which he paid money and consequently
suffered an economic injury," Davila added.

The ruling also lets Rosado advance his claims for bad faith,
unjust enrichment and a declaratory judgment that eBay's behavior
violates the law.

The case is Luis Rosado, individually, and on behalf of other
members of the general public similarly situated v. Ebay Inc., a
Delaware corporation, Case No. 5:12-CV-04005-EJD, in the United
States District Court for the Northern District Of California (San
Jose Division).

FOSTER FARMS: Recalls Chicken Products Due to Possible Salmonella
Foster Farms, a Livingston, Calif., based establishment, is
recalling an undetermined amount of chicken products that may be
contaminated with a particular strain of Salmonella Heidelberg,
the U.S. Department of Agriculture's Food Safety and Inspection
Service (FSIS) announced.  FSIS requested Foster Farms conduct
this recall because this product is known to be associated with a
specific illness.

The recalled product includes fresh and frozen chicken products
sold by retailers under Foster Farms or private label brand names,
with varying "use or freeze by"dates ranging from March 16 through
March 31, 2014 and Aug. 29, 2015 through Sept. 2, 2015, and frozen
Sunland Chicken products with "best by" dates from March 7 through
March 11, 2015 and Aug. 29, 2015 through Sept. 2, 2015. Consumers
will only be able to locate such dates on fresh product retail
packaging. [Other dates can be found on bulk master cases of
products.]  The products subject to recall bear the establishment
number "P6137," P6137A" or "P7632" inside the USDA mark of

The chicken products were produced from March 7 through March 13,
2014. These products were shipped to Costco, Foodmaxx, Kroger,
Safeway and other retail stores and distribution centers in
Alaska, Arizona, California, Hawaii, Idaho, Kansas, Nevada,
Oklahoma, Oregon, Utah and Washington. The list of products
subject to recall can be accessed here. We will continue to update
the list as more information is available. FSIS and the company
want the public to be aware that the products are most likely no
longer available for purchase, but may be in consumers' freezers.

FSIS was notified by the Centers for Disease Control and
Prevention (CDC) of a Salmonella Heidelberg illness on June 23,
2014, associated with the consumption of a boneless skinless
chicken breast product. Working in conjunction with CDC, FSIS
determined that there is a link between boneless skinless chicken
breast products from Foster Farms and this illness. Based on FSIS'
epidemiological and traceback investigations, one case-patient has
been identified in California with an illness onset date of May 5,

This illness is part of an ongoing outbreak being monitored and
investigated by FSIS and CDC. Until this point, there had been no
direct evidence that linked the illnesses associated with this
outbreak to a specific product or production lot. Evidence that is
required for a recall includes obtaining case-patient product that
tests positive for the same particular strain of Salmonella that
caused the illness, packaging on product that clearly links the
product to a specific facility and a specific production date, and
records documenting the shipment and distribution of the product
from purchase point of the case-patient to the originating
facility. Additional information about the illness outbreak may be
found on CDC's website at www.cdc.gov. FSIS continues to work with
CDC on this investigation and provides updated information as it
becomes available.

Consumption of food contaminated with Salmonella can cause
salmonellosis, one of the most common bacterial foodborne
illnesses. The most common symptoms of salmonellosis are diarrhea,
abdominal cramps, and fever within 12 to 72 hours after eating the
contaminated product. The illness usually lasts 4 to 7 days. Most
people recover without treatment. In some persons, however, the
diarrhea may be so severe that the patient needs to be
hospitalized. Older adults, infants, and persons with weakened
immune systems are more likely to develop a severe illness.
Individuals concerned about an illness should contact their health
care provider.

FSIS reminds consumers to properly handle raw poultry in a manner
to prevent contamination from spreading to other foods and food
contact surfaces.

FSIS further reminds consumers of the critical importance of
following package cooking instructions for frozen or fresh chicken
products and general food safety guidelines when handling and
preparing any raw meat or poultry. In particular, while cooking
instructions may give a specific number of minutes of cooking for
each side of the product in order to attain an 165 øF internal
temperature, consumers should be aware that actual time may vary
depending on the cooking method (broiling, frying or grilling) and
the temperature of the product (chilled versus frozen), so it is
important that the final temperature of 165 øF must be reached for
safety. Do not rely on the cooking time for each side of the
product, but use a food thermometer.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at

Media with questions regarding the recall can contact Toby Baird,
Group Supervisor, Fineman PR, at (415) 326-3199 or
media@finemanpr.com. Consumers with questions regarding the recall
can contact the company's Consumer Affairs hotline at (800) 338-
8051 or info@fosterfarms.com. Retailers needing more information
can call (800) 338-0374.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. The toll-free USDA Meat and
Poultry Hotline 1-888-MPHotline (1-888-674-6854) is available in
English and Spanish and can be reached from l0 a.m. to 4 p.m.
(Eastern Time) Monday through Friday. Recorded food safety
messages are available 24 hours a day. The online Electronic
Consumer Complaint Monitoring System can be accessed 24 hours a
day at http://www.fsis.usda.gov/reportproblem

GENERAL MOTORS: Concealed Power Steering Defects, Suit Claims
Thomas Stevenson v. General Motors LLC, Case No. 1:14-cv-05137
(S.D.N.Y., July 9, 2014), is brought against the Defendant failure
to disclose and lengthy concealment of a known defect affecting
the Electronic Power Steering system of over 1.3 million vehicles.

General Motors LLC, is a Delaware company headquartered in
Detroit, Michigan, conducts business in this District, and is
responsible for the manufacture, distribution, and sale of all
General Motor automobiles in the United States, as well as
engineering design, development, research and development, and
manufacturing activities in the U.S., Canada, and Mexico.

The Plaintiff is represented by:

      Robert T. Axelrod, Esq.
      830 Third Avenue, 5th Floor
      New York, NY 10022
      Telephone: (646) 448-5263
      E-mail: riaxelrod@axelroddean.com

         - and -

      Stuart M. Paynter, Esq.
      Jennifer L. Murray, Esq.
      1200 G Street N.W., Suite 800
      Washington, DC 20005
      Telephone: (202)626-4486
      Facsimile: (866)734-0622
      E-mail: stuart@paynterlawfinn.com

         - and -

      Andrew S. Friedman, Esq.
      Patricia N. Syverson, Esq.
      Kevin R. Hanger, Esq.
      2325 E. Camelback Rd. Ste. 300
      Phoenix, AZ 85016
      Telephone: (602) 274-1100
      Facsimile: (602) 274-1199
      E-mail: afriedman@bffb.com

GENERAL MOTORS: Barra, General Counsel Face Senate Over Recall
Karey Van Hall, writing for Reuters, reports that two more major
figures in General Motors Co.'s safety debacle were set to appear
on July 16 for the first time before U.S. lawmakers investigating
why it took the automaker more than 10 years to recall millions of
vehicles with a deadly ignition switch flaw.

Michael Millikin, the general counsel of GM, and Rodney O'Neal,
the chief executive of Delphi Automotive, the maker of the
defective part, were due to testify before a Senate Commerce
subcommittee.  Mr. Millikin was expected to receive harsh scrutiny
because his legal department dealt with numerous private lawsuits
related to crashes involving the defective switches, but
apparently did not urgently warn other parts of GM.

The Senate panel holding the July 17 hearing is chaired by
Missouri Democrat Claire McCaskill.  "Claire will be posing some
tough questions that haven't yet been answered about the role GM's
legal department played in delaying this recall," said Andy
Newbold, spokesman for Ms. McCaskill.

In his prepared testimony, Mr. Millikin said GM has appointed an
outside law firm to review its litigation practices.

Mr. Millikin and other top GM executives were largely exonerated
in an internal investigation that GM hired lawyer Anton Valukas to
conduct and that was released last month.  Instead, Mr. Valukas
blamed lower-level lawyers and engineers for failing to properly
flag the issue and not connecting air bag failures to the ignition
switch defect.

Lower-level lawyers were among the 15 employees that GM forced out
over the scandal.  Mr. Millikin said in his prepared testimony
that he did not learn of the extent of the specific defect until
February of this year.

So far, GM has attributed 13 deaths and 54 crashes to the specific
defect, in which the ignition switch can slip from the "run" to
the "accessory" position, causing the engine to stall, air bags to
not deploy, and a loss of power brakes and power steering.

GM has started running full-page advertisements in newspapers
across the United States advising consumers that the "key to
safety" in operating the recalled vehicles is to use a single key,
with no other items on the key ring, until repairs can be
completed.  It is the first time GM has run an ad related to the
ignition switch defect, the company said, adding it is intended to
raise awareness among affected consumers.  "This is another
important element of our continued commitment to customer safety,"
said GM spokesman Patrick Morrissey.

                       DELPHI ON HOT SEAT

The House of Representatives and Senate have held a handful of
hearings in which they have demanded answers from GM CEO Mary
Barra about why the automaker failed to act more quickly, but
lawmakers have not sharply focused on GM's lawyers.

It is not clear how roughly the panel will treat Delphi CEO O'Neal
and his company, which so far has largely avoided the harshest
criticism over the scandal.  Lawmakers have credited the
manufacturer with proposing a fix to the switch in 2005 that GM
did not immediately adopt.  Also, the Justice Department is not
targeting Delphi in its criminal probe of GM's handling of the
safety defect, according to sources familiar with the
investigation.  A House committee aide has said Delphi submitted
about 7,500 pages of documents in the probe and that the company
is continuing to produce more documents.

Appearing along with Mr. Millikin and O'Neal on July 16 would be
Ms. Barra, Mr. Valukas, and Kenneth Feinberg, a prominent lawyer
helping GM establish a victims' compensation fund.  Mr. Feinberg
might be questioned about whether the death toll will rise as he
starts reviewing claims.  The hearing might also explore the
legislative response to the safety scandal.  Two U.S. senators on
July 16 introduced a bill prompted by the GM recalls that would
make it a crime for corporate officers to conceal dangers posed by
their products.

It may take months, however, for the Senate and House to agree on
reforms.  House Energy and Commerce Committee Chairman Fred Upton,
who has also held hearings on the GM recalls, said no decision has
been made on how specifically to approach legislation.

"With the schedule the way that it is, I don't know that we'll
look at any legislation this year.  We'll see," Mr. Upton told
Reuters on July 15.

GENERAL MOTORS: Senate May Question CEO on Corporate Culture
Marcy Gordon and Tom Krishner, writing for The Associated Press,
report that a Senate panel were set to pose questions to a new set
of key players on July 16 as it delves deeper into General Motors'
delayed recall of millions of small cars.

GM CEO Mary Barra was expected to be asked about how she's
changing a corporate culture that allowed a defect with ignition
switches to remain hidden from the car-buying public for 11 years.
It would be Ms. Barra's second time testifying before the panel.

But Senators at a hearing of the Senate Commerce subcommittee on
consumer protection might sling their most pointed questions at GM
General Counsel Michael Millikin as they drill down on the role
the company's legal department played in the mishandled recall.

An internal investigation led by former federal prosecutor Anton
Valukas -- paid for by GM -- showed that even as GM lawyers
recommended the settlement of similar cases involving crashes
where front air bags failed to deploy in Chevrolet Cobalts and
Saturn Ions, they didn't alert higher-ups, including Mr. Millikin,
to a potential safety issue.

Lawmakers might also question Mr. Valukas about the report's
conclusion that a lone engineer, Ray DeGiorgio, was able to
approve the use of a switch that didn't meet company
specifications, and years later, to order a change to the switch
without any senior executives at GM being aware.

Sen. Richard Blumenthal, D-Conn., a Senate subcommittee member who
has criticized the Valukas findings as "the best report money can
buy," said he'd ask Mr. Valukas at the hearing "why they failed to
go beyond the low-level management and engineers."

Also testifying would be Rodney O'Neal, the CEO and president of
Delphi. His company manufactured the ignition switches.
Compensation expert Kenneth Feinberg would testify about the plan
he recently unveiled for compensating victims of crashes caused by
the faulty switches.

Some other questions senators might ask:


Q: How does GM plan to change the corporate culture exposed by
Valukas's report? In light of the revelations, was the termination
of 15 employees sufficient?

Mr. Valukas's investigation found a dysfunctional culture in which
people didn't take responsibility for fixing problems.  Ms. Barra
has said that GM has restructured its process for making safety
decisions, elevating it to the company's highest levels.

Senators also might have more questions on how much Ms. Barra knew
about the problem with the ignition switches when she was GM
product development chief.


Q: What role did the company's legal department play in the
delayed recall?

GM attorneys signed settlements with families of some crash
victims in cases where the switch defects figured.  Mr. Blumenthal
said in an interview he wants to know, "Why did GM insist on
keeping the settlements secret?"


Q: Why did Delphi send GM the switches even when its own tests
showed that the force needed to turn them didn't meet GM's

Delphi, once a GM division, didn't allow Mr. Valukas's
investigators to interview its employees and turned over a limited
number of documents.

Senators likely will ask Mr. O'Neal whether Delphi should have
notified GM higher-ups after DeGiorgio approved the out-of-spec
switches. DeGiorgio also told Delphi to alter the switches in 2006
but not change the part number, making the change hard to track.
That raises the question of why Delphi agreed to keep the part
number the same.

Panel members would want to know when Delphi found out that the
switches began causing fatal crashes, and why the company
continued to provide them to GM after knowing about the deaths.


Q: Should the compensation program be extended to victims of
crashes involving cars that GM recalled on June 30 -- mainly
older, midsize vehicles where ignition keys are the issue rather
than switches?

Mr. Feinberg has presided over compensation plans for the victims
of the Sept. 11 terrorist attacks, the 2010 BP oil spill in the
Gulf of Mexico and other disasters.  He has said GM placed no
limit on what it will pay for crashes caused by faulty ignition
switches.  Victims of the June 30 recalls, affecting 8.2 million
cars, can't file claims to the fund.

In the original recall, the ignition switches didn't meet GM's
specifications but were used anyway, and they slipped too easily
out of the "run" position.

The vehicles recalled last month have switches that do conform to
GM's specifications.  In these cases, the keys can move the
ignition out of position because of jarring, bumps from the
driver's knee or the weight of a heavy key chain, GM says. The
recalled cars will get replacement keys.  The 2.6 million small
cars recalled in February are getting new ignitions.


Q: Do the actions that GM has taken so far appear sufficient to
prevent the problem from happening again?

Mr. Valukas has acknowledged that his report leaves open some
questions, notably whether there was civil and criminal
culpability; whether GM will make the right decisions to stop this
from happening again; and what specific crashes were caused by the
ignition switch problem.

Skepticism from senators over Mr. Valukas's "lone engineer"
finding can be expected to be thick.

GOLDEN LINEN: Fails to Pay Employees Properly, "Acosta" Suit Says
Maritza Acosta, individually and on behalf of other employees
similarly situated v. Golden Linen, Inc. and Khaled Suleiman,
individually, Case No. 1:14-cv-05242 (N.D. Ill., July 9, 2014), is
brought against the Defendant for failure to pay proper wages.

Golden Linen, Inc. sells linens.

The Plaintiff is represented by:

      Valentin Tito Narvaez, Esq.
      Consumer Law Group, LLC
      6232 N. Pulaski, Suite 200
      Chicago, IL 60646
      Telephone: (877) 509-6422
      Facsimile: (888) 270-8983
      E-mail: consumerlawgroupllc@gmail.com

HAMPTON, VA: About 25 Additional Officers Join OT Class Action
Peter Dujardin, writing for Daily Press, reports that about 25
additional officers have joined a class-action lawsuit for back
overtime pay from the Hampton Police Division, bringing the total
to 130 officers, the lawyer spearheading the suit said on July 9.

Harris Butler, with the Richmond firm of Butler Royals, said he's
been filing daily notices with U.S. District Court in Newport News
with the names and signatures of new officers wanting to "opt-in"
to the case as plaintiffs.

There were 105 police officers named in the original lawsuit.  The
new total means nearly half of the force's 277 sworn officers are
now suing the city.

"We want everybody who's interested in participating to
participate," Mr. Butler said.

If the court certifies the case as a class-action case, a court-
approved letter would be sent out to "everyone who qualifies to
join the case," Mr. Butler said, which might trigger additional
officers joining the suit.

Though the claim is focused mainly on back overtime for the past
three years, Mr. Butler is attempting to get the court to grant a
special exemption to go back even further.

Higher-ranking officers who don't get overtime are less likely to
qualify for a claim, though they could file a claim based on
overtime worked in the past.  Though the claim generally includes
those below the rank of lieutenant, at least one lieutenant has
joined the suit based on past overtime when he was at a lower
rank.  Also, officers no longer with the police division can
qualify for a claim if they worked overtime during their time with
the police force, Mr. Butler said.

Mr. Butler said that officers who don't join the lawsuit "are
completely at the city's mercy" in terms of whether they will get
any payout.

"It's possible that the city will agree to pay everybody
irrespective of whether they're in the suit or not," Mr. Butler
said.  "But I suspect that anything the city offers will be less
than what their ultimate court exposure would be."

In Richmond, Butler said, the city "tried to lowball the guys" who
didn't join the initial 600-officer suit.  That led Mr. Butler to
file a second suit on behalf of about 200 officers who didn't sue
the first time.  "Most cities have to be compelled" to pay the
officers their due, he said.

Mr. Butler said that a claim typically goes back two years from
the filing for a normal claim and three years for a "willful"
violation, plus any violations that occur after the claim is
filed.  The suit asserts that the Hampton Police Division has
failed to follow state and federal labor law regarding overtime
pay.  The plaintiffs contend the city acted "willfully" or
"recklessly" in denying them the overtime they should have
received for time they worked.  The suit asks the city to pay
twice the unpaid overtime.  No dollar amount is listed in the
suit, but Mr. Butler said the damages are in the millions of

The claims in the suit are widely varied -- including that the
Hampton Police Division forced workers to take time off instead of
overtime; didn't pay hours for many hours spent working "off the
clock"; routinely paid patrol officers for only eight hours when
8.5 hours were worked; and didn't pay at the overtime rate for
certain hours that should have been paid as overtime under a 2005
state law.

City officials have declined to comment on the case, with City
Manager Mary Bunting saying the city will wait to comment until a
U.S. Department of Labor investigation is complete.  The city
recently asked the agency to look into its pay practices.

HILLSHIRE BRANDS: Being Sold to Tyson for Too Little, Suit Says
Courthouse News Service reports that directors are selling
Hillshire Brands Co. too cheaply through an unfair process to
Tyson Foods, for $63 a share or $8.6 billion, shareholders claim
in a class action in Baltimore City Court.

HEB MEAT: Recalls Beef Products Due to Contamination
HEB Meat Processing, a San Antonio, Texas establishment, is
recalling approximately 75,465 pounds of various fresh beef
products because they may be contaminated with foreign materials,
the U.S. Department of Agriculture's Food Safety and Inspection
Service (FSIS) announced.

The products subject to recall include:

    Various weight vacuum sealed packages of HEB, "Seasoned Beef
Skirt Steak for Fajitas" with sell-by dates of 7/4/2014 and
7/5/2014; with UPC code beginning 220736

    Various weight vacuum sealed packages of HEB, "Seasoned Beef
for Carne Guisada" with sell-by date of 6/27/2014; with UPC code
beginning 220595

    Various weight vacuum sealed packages of Hill Country Fare,
"Seasoned Beef for Fajitas" with sell-by dates of 7/4/2014 and
7/5/2014; with UPC code beginning 224234 or 220344

    Various weight vacuum sealed packages of HEB, "Mi Comida
Seasoned Beef Skirt Steak for Fajitas" with sell-by dates of
7/4/2014 and 7/5/2014; with UPC code beginning 222322 or 222340

    Various weight vacuum sealed packages of HEB, "Seasoned Texas
BBQ Rub Beef Skirt Steak" with sell-by dates of 7/4/2014 and
7/5/2014; with UPC code beginning 238715

    Various weight Styrofoam tray packed, "Beef for Stew," packed
on dates of 6/9/2014 through 6/28/2014 or the sell-by date of
6/24/2014; with UPC code beginning 222835, 220595, 220621, 221776,
222832 or 222836

The products were produced June 9 and June 10, 2014, then
distributed for retail sale in Texas. The packages may also bear
the establishment number "EST. 7231" in the USDA mark of
inspection on the package label.

The firm alerted FSIS after HEB Meat Processing employees
discovered metal shavings in products (via a metal detection
system) June 10. Products from the June 10 and June 11 production
date were destroyed as a result. The firm's investigation
determined the source of the fragments to be from a failed bearing
in auger machinery. On June 27, a customer reported finding metal
in the product [produced on June 9] during an in-store sampling.

FSIS and the company have received no reports of adverse reactions
due to consumption of these products. Anyone concerned about a
reaction should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at

Consumers with questions about the recall may contact HEB Customer
Relations at 1-800-432-3113. Media with questions about the recall
should contact company Public Affairs Manager Dya Campos at (210)

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET. The
toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-
674-6854) is available in English and Spanish and can be reached
from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday.
Recorded food safety messages are available 24 hours a day. The
online Electronic Consumer Complaint Monitoring System can be
accessed 24 hours a day at http://www.fsis.usda.gov/reportproblem

JOS. A. BANK: Falsely Marketed Price Discount, "Lucas" Suit Says
David M. Lucas and Eric L. Salerno, on behalf of themselves and
those similarly situated v. Jos. A. Bank Clothiers, Inc., a
Delaware Corporation, Case No. 3:14-cv-01631 (S.D. Cal., July 9,
2014), arises from the Defendant's advertisement of false former
prices, false price discounts and false free apparel promotions
for its men's suits, sport coats, and dress pants.

Jos. A. Bank Clothiers, Inc., operates a national chain of retail
clothing stores.

The Plaintiff is represented by:

      Hassan Ali Zavareei, Esq.
      Jeffrey Kaliel, Esq.
      2000 L Street NW, Suite 808
      Washington, DC 20036
      Telephone: (202) 973-0900
      Facsimile: (213) 973-0950
      E-mail: hzavareei@tzlegal.com

         - and -

      Stuart E. Scott, Esq.
      Daniel Frech, Esq.
      1001 Lakeside Avenue East, Suite 1700
      Cleveland, OH 44114
      Telephone: (216) 696-3232
      Facsimile: (216) 696-3924
      E-mail: sscott@spanglaw.com

         - and -

      Andrew R. Mayle, Esq.
      Jeremiah S. Ray, Esq.
      210 South Front Street
      Fremont, OH 43420
      Telephone: (419) 334-8377
      Facsimile: (419) 355-9698
      E-mail: amayle@mayleraymayle.com

K & W SAUSAGE: Recalls Sausage Products Containing Soy and Wheat
K & W Sausage, an Evansdale, Iowa, establishment, is recalling
approximately 1,761 pounds of sausage products because of
misbranding and undeclared allergens. The products contain soy and
wheat, known allergens, which are not declared on the product

The products subject to recall include:

    16-oz. vacuum packed "Hot Franks" with a packaging code in the
format "###14"

    Various size packages of "Polish Sausage Hot" with packaging
codes 15314, 15514, 16114, 16214, 16814, 16514, or 16914

    Various size packages of "Beef Polish Sausage Hot" with
packaging codes 15314, 15514, 16114, 16214, 16814, 16514, or 16914

The products subject to recall bear "EST. 15708" inside the USDA
mark of inspection on the labels. The Hot Franks were produced on
various dates from January 16, through June 20, 2014. The other
products were produced on various dates from June 3, through June
18, 2014. All products were distributed to retailers in Iowa.

The problem was discovered by FSIS inspection personnel during a
food safety assessment. After investigation, it was determined
that the "natural hot flavor" used in the products contained wheat
and soy as sub-ingredients of soy sauce. The mislabeling in the
Polish sausage products occurred due to a change to using this
ingredient. FSIS and the company have received no reports of
adverse reactions due to consumption of these products. Anyone
concerned about a reaction should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.

Consumers and media with questions about the recall should contact
Mark Knief, Owner, at 319-233-4714.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET. The
toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-
674-6854) is available in English and Spanish and can be reached
from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday.
Recorded food safety messages are available 24 hours a day.

KANANI FOODS: Recalls Chicken Products Produced w/o HACCP Plan
Kanani Foods, a Las Vegas, Nev. establishment, is recalling
approximately 59 pounds of various chicken products because the
products were not produced under a fully implemented Ready-To-Eat
Hazard Analysis & Critical Control Points (HACCP) plan, the U.S.
Department of Agriculture's Food Safety and Inspection Service
(FSIS) announced.

The products subject to recall include:

    12 oz. bowls of "Teriyaki Chicken Rice Bowls"
    12 oz. bowls of "Orange Chicken Rice Bowls"

The products bear the establishment number "P-46002" inside the
USDA mark of inspection and "use by" dates of 6/30/14 - 7/4/14 on
the package label. The products were produced June 24-30, 2014,
and then distributed for retail sale in Nevada.

The problem was discovered by an FSIS inspector on June 30, 2014.
The company had a HACCP plan in place, but had no records to
demonstrate that the HACCP plan had been implemented or validated
or that critical times and temperatures had been met in the
cooking and cooling of products. Thus, there is no assurance the
product is wholesome and therefore safe for consumption.
Consequently, these products may support the growth of pathogens
that may be detrimental to health.

FSIS and the company have received no reports of illness due to
consumption of these products. Anyone concerned about an illness
should contact a healthcare provider.

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers. When available, the retail distribution
list(s) will be posted on the FSIS website at

Consumers and media with questions about the recall may contact
Timothy Cruz at 702-739-2800.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET. The
toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-
674-6854) is available in English and Spanish and can be reached
from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday.
Recorded food safety messages are available 24 hours a day. The
online Electronic Consumer Complaint Monitoring System can be
accessed 24 hours a day at http://www.fsis.usda.gov/reportproblem

KEYUAN PETROCHEMICALS: Securities Lawsuit in Discovery Stage
The securities case filed by the Rosen Law Firm against Keyuan
Petrochemicals, Inc. is currently at the discovery stage,
according to the company's May 22, 2014, Form 10-K filing with the
U.S. Securities and Exchange Commission for the year ended Dec.
31, 2013.

On November 15, 2011, the Rosen Law Firm filed a class action
suit, alleging the company had violated federal securities laws by
issuing materially false and misleading statements and omitting
material facts with regard to disclosure of related party
transactions and effectiveness of internal controls in past public
filings.  The case is currently at the discovery stage and the
company believes there is no basis to the suit filed by the Rosen
Law Firm, and intends to contest the case vigorously.

KID BRANDS: Sept. Final Approval Hearing in Wage & Hour Suit
The Superior Court of the State of California for the County of
Los Angeles has preliminarily approved a settlement reached in
Guadalupe Navarro v. Kids Line, LLC, with the final approval
hearing set for September 3, 2014, according to Kid Brands, Inc.'s
May 22, 2014, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended March 31, 2014.

On November 3, 2011, a complaint was filed in the Superior Court
of the State of California for the County of Los Angeles,
encaptioned Guadalupe Navarro v. Kids Line, LLC (the "Wages and
Hours Action"). One plaintiff brought the Wages and Hours Action
on behalf of a putative class for damages and equitable relief
for: (i) failure to pay minimum, contractual and/or overtime wages
(including for former employees with respect to their final
wages), and failure to provide adequate meal breaks, in each case
based on defendant's time tracking system and automatic deduction
and related policies; (ii) statutory penalties for failure to
provide accurate wage statements; (iii) waiting time penalties in
the form of continuation wages for failure to timely pay
terminated employees; and (iv) penalties under the Private
Attorneys General Act (PAGA). The plaintiff sought wages for all
hours worked, overtime wages for all overtime worked, statutory
penalties under Labor Code Section 226(e), and Labor Code Section
203, restitution for unfair competition under Business and
Professions Code Section 17203 of all monies owed, compensation
for missed meal breaks, and injunctive relief. The complaint also
sought unspecified liquidated and other damages, statutory
penalties, reasonable attorney's fees, costs of suit, interest,
and such other relief as the court deems just and proper. Although
the total amount claimed was not set forth in the complaint, the
complaint asserted that the plaintiff and the class members were
not seeking more than $4.9 million in damages at that time (with a
statement that plaintiff would amend his complaint in the event
that the plaintiff and class members' claims exceed $4.9 million).

On January 30, 2013, the Court denied plaintiff's motion for class
certification with respect to two of the proposed classes and
continued for further briefing the motion for class certification
with respect to the remaining proposed classes. During the quarter
ended June 30, 2013, the Company reached an agreement in principle
with counsel for the plaintiff on behalf of the purported classes
to settle the litigation for $350,000, and during the quarter
ended June 30, 2013 the Company accrued such amount. The Court has
preliminarily approved the settlement, with the final approval
hearing set for September 3, 2014. As the settlement has not yet
been finally approved by the Court, there can be no assurance that
the disposition of the litigation will not be in excess of amounts
accrued or on terms less favorable to the Company than the agreed

KING OF POPS: Recalls Mislabeled Banana Puddin', Keylime Pie Pops
King of Pops of Charleston, SC is recalling mislabeled banana
puddin' pops and keylime pie pops because they may contain milk,
wheat, egg, and/or soy some of which is undeclared on the label.
The labels do contain milk, flour, chocolate, egg, vanilla wafer,
and/or graham cracker, which may contain allergens milk, soy, egg,
and wheat. King of Pops is working closely with the FDA, SC Dept.
of Agricultural, and SC Dept. of Health to correct the labeling
issue to FDA standards. Additionally, these products are submitted
to the SC Dept. of Health for testing every quarter and meet all
Health codes during these regular tests. The UPC codes on these
products are 59959 00305 and 59959 00304. All known mislabeled
products have already been removed from stores.

People who have allergy or severe sensitivity to milk, wheat, egg
or soy run the risk of severe or life threatening allergic
reactions if they consume these products.

These pops are distributed in Charleston, SC at retail stores.

These pops are labeled with company logo and flavor and ingredient
statement does include milk, flour, chocolate, egg, vanilla wafer,
and/or graham cracker, which may contain milk, egg, wheat, and/or

The labeling problem was discovered during routine inspection by
South Carolina Dept. of Agriculture. No illnesses have been
reported to date.

Consumers who have allergy or sensitivity to milk, wheat, egg, and
soy should discard these products.

For additional information you can call the King of Pops
production kitchen at 843-297-8039.

LAKE CITY INDUSTRIAL: 6th Cir. Affirms TCPA Class Action Approval
Kira Lerner, writing for Law360, reports that the Sixth Circuit on
July 9 affirmed a lower court's order in favor of consumers in a
class action alleging Lake City Industrial Products Inc. violated
the Telephone Consumer Protection Act by sending unsolicited fax
advertisements, rejecting an argument that Michigan law forbids
class actions in TCPA cases.

In a published opinion, the appeals court panel agreed with the
district court's July 2013 opinion granting lead plaintiff
American Copper & Brass Inc.'s motion for summary judgment despite
Lake City's argument that class certification was not justified
and that Michigan court rules prohibit class actions in this type
of litigation.

The panel said that there is "no basis to apply state procedural
rules in TCPA class actions brought in federal court."

According to the order, pipe-thread sealing tape distributor Lake
City hired a company to send thousands of unsolicited faxes in
February 2006. After receiving a fax, American Copper, an
equipment wholesaler, filed suit in December 2009 and won class
certification in July 2012.

In response to American Copper's motion for summary judgment, Lake
City argued that it should not be liable for the third-party fax
distributor's actions.  It also claimed American Copper had failed
to offer evidence regarding how many recipients had printed the
Lake City advertisement and said that a loss in the litigation
would bankrupt the company, according to the order.

However, the district court rejected Lake City's arguments, and
the appeals court on July 9 affirmed that decision.  According to
its opinion, the class can include plaintiffs who do not actually
own fax machines because they also have standing to sue.

The appeals court also found that the Michigan law, which does not
allow TCPA suits to be maintained as class actions in the state,
does not apply to this action.

"We acknowledge Lake City's argument that allowing TCPA class-
action suits to be maintained in federal district courts could
lead to forum shopping," the opinion said.  "This might well be
true but, as the Supreme Court recently held in a case involving a
conflict between Rule 23 and a New York procedural rule
prohibiting class actions in cases involving a statutory penalty,
a 'federal rule governing procedure is valid whether or not it
alters the outcome of the case in a way that induces forum

The panel added that the company's potential bankruptcy is not
important at the summary judgment portion of the litigation.

Stephen J. Schlegel -- sjschlegel@schlegelltd.com -- counsel for
Lake City, told Law360 the company is disappointed with the order,
but "respects the work and the opinion of the circuit."

U.S. Circuit Judges Eugene E. Siler Jr., Ronald Lee Gilman and
Julia Smith Gibbons sat on the panel.

American Copper is represented Phillip A. Bock of Bock & Hatch

Lake City is represented by Stephen J. Schlegel and Eryk A. Folmer
of Stephen J. Schlegel Ltd.

The case is American Copper & Brass Inc. v. Lake City Industrial
Products Inc., case number 13-2605, in the U.S. Court of Appeals
for the Sixth Circuit.

LINN ENERGY: New York Court Dismisses Securities Class Action
LINN Energy, LLC on July 9 disclosed that the United States
District Court for the Southern District of New York has
dismissed, with prejudice, the securities class action litigation
originally filed in July 2013 against the Company, certain of the
Company's officers and directors, and certain underwriters of
LinnCo's IPO.

"We are very pleased with the Court's decision and believe that
the ruling supports our position that the lawsuit was without
merit," stated Mark E. Ellis, Chairman, President and Chief
Executive Officer.

The plaintiffs have a right to file an appeal to the United States
Court of Appeals for the Second Circuit.

A full copy of the United States District Court - Southern
District of New York's opinion issued on July 7, 2014 is posted at

                      About Linn Energy

LINN Energy -- http://www.linnenergy.com-- is a company whose
mission is to acquire, develop and maximize cash flow from a
growing portfolio of long-life oil and natural gas assets.  LINN
Energy is a top-15 U.S. independent oil and natural gas
development company, with approximately 8 Tcfe of proved reserves
(pro forma for announced 2014 trade and acquisition) in producing
U.S. basins as of December 31, 2013.

                           About LinnCo

LinnCo -- http://www.linnco.com-- was created to enhance LINN
Energy's ability to raise additional equity capital to execute on
its acquisition and growth strategy.  LinnCo is a Delaware limited
liability company that has elected to be taxed as a corporation
for United States federal income tax purposes, and accordingly its
shareholders will receive a Form 1099 in respect of any dividends
paid by LinnCo.

MOTORS LIQUIDATION: Provides Updates on Ignition Switch Suits
Motors Liquidation Company GUC Trust disclosed in various
regulatory filings with the U.S. Securities and Exchange
Commission in May 2014 that roughly 80 putative class actions had
been filed by various plaintiffs against New GM over the ignition-
switch-related recalls.  The claims of many of the putative
Ignition Switch Class Actions may be overlapping, and to date,
such actions have not been consolidated.  The plaintiffs seek
compensatory damages for economic losses allegedly resulting from
the ignition-switch-related recalls or the underlying condition of
the vehicles covered by those recalls ("Ignition Switch Issues").

Since the beginning of 2014, New GM had recalled approximately 2.6
million vehicles to repair ignition switches or to fix ignition
lock cylinders and an additional 4.4 million vehicles to address
certain electrical and other safety concerns.

As disclosed in its current reports on Form 8-K filed May 15,
2014, and May 20, 2014, New GM subsequently announced nine new
safety recalls relating to additional defects, affecting
approximately 5.1 million vehicles.

Many of the vehicles affected by the recalls were manufactured or
sold prior to July 10, 2009, the date on which the sale of
substantially all of the assets of Old GM pursuant to the MSPA was
completed (the "Closing Date").

The Judicial Panel on Multidistrict Litigation scheduled a May 29,
2014 hearing to determine whether to consolidate and transfer the
Ignition Switch Class Actions filed in federal courts for
coordinated and consolidated pretrial proceedings.

On April 21, 2014, New GM filed a motion with the Bankruptcy Court
seeking to enforce the Sale Order and Injunction, entered on July
5, 2009, approving the sale of substantially all of the assets of
Old GM to New GM pursuant to Section 363(b) of the Bankruptcy
Code, which incorporates the terms of the MSPA. Under the terms of
the Sale Order and the MSPA, all product liability and property
damage claims arising from accidents or incidents prior to the
Closing Date are to remain with Old GM as general unsecured
claims. The GUC Trust has appeared in the proceedings in the
Bankruptcy Court as an interested party.

On May 16, 2014, the Bankruptcy Court entered a scheduling order
(the "Scheduling Order") identifying a number of "threshold
issues" for its resolution, including whether a fraud on the
Bankruptcy Court was committed in connection with the Sale Order
in respect of Ignition Switch Issues and whether any or all of the
claims asserted in the Ignition Switch Class Actions are claims
against Old GM and/or the GUC Trust. The GUC Trust intends to
vigorously defend its position that none of the claims of the
plaintiffs in the Ignition Switch Class Actions may be properly
asserted against Old GM or the GUC Trust.

On September 16, 2009, the Bankruptcy Court entered an order
setting November 30, 2009, as the bar date for filing proofs of
claims related to all general unsecured claims against Old GM and,
following the passage of the effective date of the Plan, the GUC
Trust. To date, no plaintiff in the Ignition Switch Class Actions
has asserted a claim against the GUC Trust in connection with the
Ignition Switch Class Actions. In any event, however, the
Scheduling Order provides that the threshold issues do not include
whether any claims in the Ignition Switch Class Actions are timely
or meritorious as against the bankruptcy estate of Old GM or the
GUC Trust (notwithstanding the Bar Date Order).

Nonetheless, no assurance may be given that personal injury,
property damage and other claims relating to New GM's recalls
involving General Motors vehicles manufactured or sold prior to
the Closing Date and/or settlements previously reached with
certain plaintiffs who asserted personal injury, property damage
or other claims due to incidents or accidents that occurred prior
to the Closing Date, will not adversely affect the GUC Trust, its
assets or the Plan.

MR. WOK FOODS: Recalls Raw Pork Nugget Products Containing Wheat
Mr. Wok Foods, a Las Vegas, Nev. establishment, is recalling
approximately 14,760 pounds of raw pork nugget product because of
misbranding and undeclared allergen. The product contains wheat, a
known allergen, which is not declared on the product labels.

The product subject to recall includes:

     10 lb. cases of "Battered, deep fried pork nugget" with
packaging dates between JAN 25 2014 and JUN 25 2014

The product subject to recall bears "EST. 20783" inside the USDA
mark of inspection on the labels. The raw pork nuggets were
produced on various dates from January 25, 2014 through June 25,
2014. All products were distributed for use in hotels, restaurants
and institutions in Las Vegas, Nev.

The problem was discovered by FSIS inspection personnel during a
food safety assessment. After investigation, it was determined
that the flour used in the products contained wheat. The
mislabeling in the raw pork nugget product occurred due to a
change in flour supplier. FSIS and the company have received no
reports of adverse reactions due to consumption of these products.
Anyone concerned about a reaction should contact a healthcare

FSIS routinely conducts recall effectiveness checks to verify
recalling firms notify their customers of the recall and that
steps are taken to make certain that the product is no longer
available to consumers.

Consumers and media with questions about the recall should contact
Spencer Chung, Owner, at 702-740-5824.

Consumers with food safety questions can "Ask Karen," the FSIS
virtual representative available 24 hours a day at AskKaren.gov or
via smartphone at m.askkaren.gov. "Ask Karen" live chat services
are available Monday through Friday from 10 a.m. to 4 p.m. ET. The
toll-free USDA Meat and Poultry Hotline 1-888-MPHotline (1-888-
674-6854) is available in English and Spanish and can be reached
from l0 a.m. to 4 p.m. (Eastern Time) Monday through Friday.
Recorded food safety messages are available 24 hours a day.

NATIONAL EXPRESS: Sued for Not Paying Overtime Pursuant to FLSA
Roxanne Kinney, on behalf of herself and all others similarly
situated v. National Express Transit Services Corporation; and
Does 1-100, Case No. 2:14-cv-01615 (E.D. Cal., July 9, 2014),is
brought against the Defendant for failure to pay Operators minimum
wage and overtime pay in violation of the Fair Labor Standards

National Express Transit Services Corporation is a private
operator of public transportation properties throughout the United
States of America.

The Plaintiff is represented by:

      Steven G. Tidrick, Esq.
      2039 Shattuck Avenue, Suite 308
      Berkeley, CA 94704
      Telephone: (510) 788-5100
      Facsimile: (510) 291-3226
      E-mail: sgt@tidricklaw.com

NATIONAL EXPRESS: Sued for Not Paying Overtime Pursuant to FLSA
Roxanne Kinney, on behalf of herself and all others similarly
situated v. National Express Transit Services Corporation; and
Does 1-100, Case No. 2:14-at-00863 (E.D. Cal., July 9, 2014), is
brought against the Defendant for failure to pay Operators minimum
wage and overtime pay in violation of the federal Fair Labor
Standards Act.

National Express Transit Services Corporation is a private
operator of public transportation properties throughout the United
States of America.

The Plaintiff is represented by:

      Steven G. Tidrick, Esq.
      2039 Shattuck Avenue, Suite 308
      Berkeley, CA 94704
      Telephone: (510) 788-5100
      Facsimile: (510) 291-3226
      E-mail: sgt@tidricklaw.com

NORTHWESTERN MUTUAL: Doesn't Hire Non-U.S. Citizens, Suit Says
Ruben Juarez, individually and on behalf of all others similarly
situated v. The Northwestern Mutual Life Insurance Company, Inc.,
Case No. 1:14-cv-05107 (S.D.N.Y., July 9, 2014), alleges that the
Defendant advertises its blanket ban against hiring anyone who is
not a U.S. citizen or U.S. permanent resident.  According to the
lawsuit, The Northwestern Mutual Life Insurance Company, Inc., the
largest direct provider of individual life insurance, outright
refuses to hire individuals based on their alien age status
notwithstanding the fact that they are authorized to work in the
United States.

The Plaintiff is represented by:

      Adam T. Klein, Esq.
      Ossai Miazad, Esq.
      Lewis M. Steel, Esq,
      Michael N. Litrownik, Esq.
      Olivia J. Quinto, Esq.
      3 Park Avenue, 29th Floor
      New York, NY 10016
      Telephone: (212) 245-1000

         - and -

      Education Fund, Esq.
      Thomas A. Saenz, Esq.
      Victor Viramontes, Esq.
      634 S. Spring St., 11th Floor
      Los Angeles, CA 90014
      Telephone: (213) 629-2512

        - and -

      Maribel Hernandez Rivera, Esq.
      1016 16th Street N.W., Suite 100
      Washington, D.C., 20036
      Telephone: (202) 572-0836

                          *     *     *

Pete Brush, writing for Law360, reports that a Mexican national
living in New York City filed a class action against Northwestern
Mutual Life Insurance Co. Inc. on July 9 contending the Milwaukee-
based life insurance giant maintains an unlawful blanket ban on
hiring non-U.S. citizens or permanent residents.

Plaintiff Ruben Juarez contends the $21 billion company refused to
hire him despite his excellent marks in accounting studies at City
University of New York and despite his authorization to work in
the U.S. through the federal government's Deferred Action for
Childhood Arrivals program.  The purpose of that program,
authorized by President Obama in 2012, is to stop expelling
talented young people, who were "raised as Americans; understand
themselves to be part of this country . . . [and] who want to
staff our labs, or start new businesses, or defend our country."

Nevertheless when Northwestern Mutual learned Mr. Juarez was not a
citizen and did not have a green card it blocked him from
receiving a job offer and informed him that he did not meet their
immigration status requirement, the lawsuit asserts.

"Northwestern Mutual recognized that Ruben Juarez is an
extraordinary prospective hire with an exemplary record and a
promising future, but the company's hiring policies and human
resource personnel do not comply with federal law," said attorney
Adam T. Klein of Outten & Golden LLP, who represents Mr. Juarez.
"We hope this lawsuit prompts necessary policy changes at
Northwestern Mutual."

The insurer said in a statement that it actively recruits and
welcomes candidates of all backgrounds.

"Since we have not received the lawsuit, we're not able to comment
on the specific allegations," spokeswoman Jean Towell said.
"However, we can tell you our company's contracting policy
welcomes individuals who are authorized to work in the United

Mr. Juarez's lawyers say they believe the suit -- brought under
federal law banning discrimination in contracts -- is a case of
first impression.

The size of the potential class was not known, according to the
lawsuit, but the complaint says "there are thousands of people who
despite having work authorization do not meet Northwestern
Mutual's immigration status and residency requirements."

As of February, U.S. Citizenship and Immigration Services had
approved 500,000 people who had requested deferred action status,
the suit says.

The suit seeks a judgment that the insurer intentionally
discriminated against people like Juarez and caused them
substantial losses in earnings and other work benefits.  It seeks
damages, including for "emotional distress, humiliation,
embarrassment, and anguish," and an order forcing the insurer to
change its policy.

Mr. Juarez is represented by Adam T. Klein, Ossai Miazad, Lewis M.
Steel, Michael N. Litrownik and Olivia J. Quinto of Outten &
Golden LLP and by Thomas A. Saenz, Victor Viramontes and Maribel
Hernandez Rivera of the Mexican American Legal Defense and
Education Fund.

Counsel information for the insurer was not available.

The case is Juarez v. Northwestern Mutual in the U.S. District
Court of the Southern District of New York.

ORIYA ORGANICS: Recalls Chia Seed Powder Due to Salmonella
Oriya Organics, LLC is voluntarily recalling Oriya Organics
Superfood Protein Medley which contain Organic Sprouted Chia Seed
Powder due to possible health risks related to Salmonella
contamination. Salmonella is an organism that can cause serious
and sometimes fatal infections in young children, frail or elderly
people, and others with weakened immune systems. Healthy persons
infected with Salmonella often experience fever, diarrhea (which
may be bloody), nausea, vomiting and abdominal pain. In rare
circumstances, infection with Salmonella can result in the
organism getting into the bloodstream and producing more severe
illnesses such as arterial infections (i.e. infected aneurysms).

Oriya Organics has taken immediate action to voluntarily recall
Superfood Protein Medley in order to ensure the safety of its

Products were sold in retailers in Texas and Louisiana. Products
were sold directly to customers through the internet in Texas,
Arkansas, Illinois, Florida, New York, Louisiana, and Virginia.

The products in this voluntary recall include:

Oriya Organics Superfood Protein Medley, 21.2 oz, UPC
Code:85370100401, with Lot #: A14314 and an expiration date of
05/23/2015. Lot codes and expiration dates are located on the
bottom of the container.

No other Oriya Organics products are affected by this recall and
no illnesses have been reported to date. This recall has been
initiated as a precautionary measure due to a contaminated
ingredient from one of our suppliers.

Consumers that have purchased any of these products with the above
stated lot number and expiration dates are asked not to consume
the product and discard it or return the product to the original
point of purchase.

Consumers with questions may contact Oriya Organics at 512-992-
5100, Monday -- Friday from 9am -- 5pm CST. Email correspondence
can be sent to info@oriyaorganics.com.

Oriya Organics is working closely with the FDA on this matter.
Oriya Organics is committed to providing the highest quality,
organic products and the safety of our customers is our number one

P.D.K.N. P-4 OP: "Williams" Suit Seeks to Recover Unpaid Overtime
Kati Williams, Corina Wright, and Jennifer Stiles on behalf of
themselves and similarly situated employees v. P.D.K.N. P-4 OP,
LLC doing business as: Bokamper's Sports Bar & Grill, Case No. 14-
cv-61571 (S.D. Fla., July 9, 2014), seeks to recover unpaid
overtime compensation pursuant to Fair Labor Standards Act.

P.D.K.N. P-4 OP owns and operates a restaurant known as Bokamper's
Sports Bar & Grill, located at 315 NE 32nd Ave. Ft. Lauderdale,
Florida 33308.

The Plaintiff is represented by:

      Scott M. Behren, Esq.
      2893 Exectuive Park Drive, Suite 110
      Weston, FL 33331
      Telephone: (954) 636-3802
      Facsimile: (772) 252-3365
      E-mail: scott@behrenlaw.com

PETSMART INC: Deadlines in "Negrete" Suit Stayed Pending Meeting
All deadlines in the action Negrete, et al. v. PetSmart, Inc.,
which was reassigned to the same judge handling Moore, et al. v.
PetSmart, Inc., et al., have been stayed until a case management
conference, according to the company's May 29, 2014, Form 10-Q
filing with the U.S. Securities and Exchange Commission for the
quarter ended May 4, 2014.

Also in September 2012, a former groomer filed a lawsuit against
the company captioned Negrete, et al. v. PetSmart, Inc. in the
California Superior Court for the County of Shasta. The plaintiff
seeks to assert claims on behalf of current and former California
pet stylists that PetSmart failed to provide pay for all hours
worked, failed to properly reimburse associates for business
expenses, failed to provide proper wage statements, failed to
properly calculate and pay vacation, and failed to provide timely
and uninterrupted meal and rest periods. The lawsuit seeks
compensatory damages, statutory penalties, and other relief,
including attorneys' fees, costs, and injunctive relief. On June
14, 2013, the company removed the case to the United States
District Court for the Eastern District of California and
subsequently filed a motion to transfer the case to the United
States District Court for the Northern District of California. On
November 1, 2013, the court deemed the Negrete and the Moore
actions [Moore, et al. v. PetSmart, Inc., et al.] related and the
Negrete action was reassigned to the same judge overseeing the
Moore action. All deadlines have been stayed until the case
management conference, which was scheduled for June 2014.

PRAXAIR DISTRIBUTION: Suit Seeks to Recover Unpaid Overtime Wages
Alejandro Hernandez, and all others similarly situated v. Praxair
Distribution, Inc., and United Welding Supplies, LLC, Case No.
4:14-cv-01915 (S.D. Tex., July 9, 2014), seeks to recover unpaid
overtime wages brought under the Fair Labor Standards Act.

Praxair Distribution, Inc. and United Welding Supplies, LLC, are
distributors of specialty gases, welding equipment, welding
supplies and other materials.

The Plaintiff is represented by:

      Salar Ali Ahmed, Esq.
      One Arena Place
      7322 Southwest Frwy, Suite 1920
      Houston, TX 77074
      Telephone: (713) 223-1300
      Facsimile: (713) 255-0013
      E-mail: aahmedlaw@gmail.com

RJM ACQUISITIONS: Accused of Violating Fair Debt Collection Act
Pamela Spain and Frank Spain, individually and on behalf of all
similarly situated individuals, Case No. 1:14-cv-00326 (S.D. Ala.,
July 14, 2014) alleges violations of the Fair Debt Collection
Practices Act.

The Plaintiffs are represented by:

          Earl P. Underwood, Jr., Esq.
          21 South Section Street
          Fairhope, AL 36532
          Telephone: (251) 990-5558
          Facsimile: (251) 990-0626
          E-mail: epunderwood@gmail.com

QCG INC: Faces "Plume" Suit in E.D.N.Y Over Failure to Pay OT
Nicholas Plume and Alexandra Davino, on behalf of themselves and
others similarly situated v. QCG, Inc., doing business as: Villa
Lombardi, 600 South Ocean Operating Corp. doing business as:
Lombardi's on the Bay, Lombardi Caterers, Inc. doing business as:
Lombardi's on the Sound, Quirino Lombardi, Guy Lombardi, Filomena
Lombardi, Case No. 2:14-cv-04213 (E.D.N.Y., July 9, 2014), seeks
to recover unpaid minimum wages, overtime compensation and spread
of hours compensation under Fair Labor Standards Act.

Q C G, Inc., 600 South Ocean Operating Corp., Lombardi Caterers,
Inc., are engaged in the restaurant and catering business.

The Plaintiff is represented by:

      Eric S. Tilton, Esq.
      193 East Main Street
      Babylon, NY 11702
      Telephone: (631) 629-5291
      Facsimile: (516) 324-3170
      E-mail: erictiltonlaw@gmail.com

SAR HOLDINGS: Faces "Garcia" Suit Over Failure to Pay Overtime
Jose Garcia and Raymond Sutton v. Sar Holdings Inc., dba Sarku
Japan 500 Southpark Center Strongsville and Tony Burgess,
Bob Liang, and John Doe II, Case No. 1:14-cv-01514 (N.D. Ohio,
July 9, 2014), is brought against the Defendant for failure to pay
overtime pursuant to Fair Labor Standards Act.

Sar Holdings Inc., owns and operates company-owned "Sarku Japan"
restaurants at many locations throughout the United States and the
State of Ohio, including Cuyahoga County.

The Plaintiff is represented by:

      Ryan A. Winters, Esq.
      Ste. 1325-9, 815 Superior Avenue,
      Cleveland, OH 44114
      Telephone: (440) 498-9100
      Facsimile: (216) 621-1094
      E-mail: ryan@winterslawfirm.com

SEARS HOLDINGS: Faces Certified Labor Class Suit in California
Sears Holdings Corporation is facing labor lawsuits, including a
certified class action in California, according to the company's
May 22, 2014, Form 10-Q filing with the U.S. Securities and
Exchange Commission for the quarter ended May 3, 2014.

The company is a defendant in several lawsuits containing class or
collective action allegations in which the plaintiffs are current
and former hourly and salaried associates who allege violations of
various wage and hour laws, rules and regulations pertaining to
alleged misclassification of certain of the company's employees
and the failure to pay overtime and/or the failure to pay for
missed meal and rest periods. The complaints generally seek
unspecified monetary damages, injunctive relief, or both. Further,
certain of these proceedings are in jurisdictions with reputations
for aggressive application of laws and procedures against
corporate defendants. The company is also a defendant in several
putative or certified class action lawsuits in California relating
to alleged failure to comply with California laws pertaining to
certain operational, marketing and payroll practices. The
California laws alleged to have been violated in each of these
lawsuits provide the potential for significant statutory

SECURITAS SECURITY: Discriminated Against Former Guard, Suit Says
Marie Pugliese v. Securitas Security Services USA, Inc., Case No.
1:14-cv-05219 (S.D.N.Y., July 14, 2014) arises from alleged
violations of the American with Disabilities Act of 1990.  The
Plaintiff worked as a security guard for the Defendant.

Ms. Pugliese alleges that Securitas wrongly perceived her as
disabled, when she was not, and wanted her out of the workplace
because of her prior medical condition and, as a result, Securitas
discriminated against her by taking adverse employment action
against her and creating a hostile work environment for her.

Securitas is a Delaware corporation licensed to do business and
maintains places of business in the state of New York.  Securitas
provides security officers in order to meet the specific security
needs of various businesses nationwide.

The Plaintiff is represented by:

          Davida S. Perry, Esq.
          Brian Heller, Esq.
          Steven Pallonetti, Esq.
          295 Madison Avenue
          New York, NY 10017
          Telephone: (212) 889-6565
          E-mail: dperry@schwartzandperry.com

SERAFINA MANAGEMENT: Suit Seeks to Recover Unpaid Minimum Wages
Juan Carlos Mendieta, for himself and on behalf of all those
similarly situated v. Serafina Management Group, Ltd., Sofia
Fabulous Pizza Corp., Sofia 61st Street Corp., Sofia 58th st.
Corp., Serafina 77 West, LLC, Serafina Broadway, Ltd., Serafina
Central Kitchen Corp., Serafina East Hampton Corp., Serafina Meat
Packing LLC, Serafina Tribeca Corp., Serafina Westchester LLC,
Serafina White Plains LLC and "ABC Corp. 1-5" being the fictitious
names of actual corporations, Pasquale Granato and Vittorio Assaf,
Case No. 1:14-cv-05121 (S.D.N.Y., July 9, 2014), seeks to recover
unpaid minimum wages, and misappropriated tips and mandatory
gratuities under the Fair Labor Standards Act.

Serafina Management Group, Ltd., Sofia Fabulous Pizza Corp., Sofia
61st Street Corp., Sofia 58th st. Corp., Serafina 77 West, LLC,
Serafina Broadway, Ltd., Serafina Central Kitchen Corp., Serafina
East Hampton Corp., Serafina Meat Packing LLC, Serafina Tribeca
Corp., Serafina Westchester LLC, Serafina White Plains LLC, are
restaurants located in New York, New York.

The Plaintiff is represented by:

      Kerry E. Connolly, Esq.
      One Battery Park Plaza, 32nd Floor
      New York, NY 10004
      Telephone: (212) 372-7333
      Facsimile: (917) 591-4858
      E-mail: kconnolly@connollylaw.us.com

SILVERADO SENIOR: Removed "Cunanan" Suit to C.D. California
The class action lawsuit titled Cunanan v. Silverado Senior
Living, Inc., et al., Case No. BC547338, was removed from the
Superior Court of the State of California for the County of Los
Angeles to the U.S. District Court for the Central District of
California (Los Angeles).  The District Court Clerk assigned Case
No. 2:14-cv-05454 to the proceeding.

The case arises from labor-related issues.

The Defendants are represented by:

          Diane Marie O'Malley, Esq.
          425 Market Street, 26th Floor
          San Francisco, CA 94105
          Telephone: (415) 995-5045
          Facsimile: (415) 995-3459
          E-mail: domalley@hansonbridgett.com

SYNOVUS FINANCIAL: October 7 Settlement Fairness Hearing Set

Civil Action No. 1:09-cv-01811-JOF



This Document Relates To:




YOU ARE HEREBY NOTIFIED that, pursuant to an Order of the United
States District Court for the Northern District of Georgia, a
hearing will be held on October 7, 2014, at 10:30 a.m., before the
Honorable J. Owen Forrester, Senior United States District Court
Judge, at the Richard B. Russell Federal Building and Courthouse,
75 Spring Street, SW, Atlanta, GA 30303, for the purpose of
determining:  (1) whether the proposed settlement of the above-
captioned Litigation for the sum of $11,750,000 in cash should be
approved by the Court as fair, reasonable, and adequate; (2)
whether, thereafter, this Litigation should be dismissed with
prejudice as set forth in the Stipulation of Settlement dated
March 10, 2014 (the "Stipulation"); (3) whether the Plan of
Allocation is fair, reasonable, and adequate and therefore should
be approved; and (4) the reasonableness of the application of Lead
Counsel for the payment of attorneys' fees and expenses incurred
in connection with this Litigation, and the award of expenses to
Plaintiffs for representing the Class.

If you purchased or acquired Synovus common stock during the
period beginning October 26, 2007, through April 22, 2009,
inclusive, your rights may be affected by this Litigation and the
settlement thereof.  If you have not received a copy of the Notice
of Pendency and Proposed Settlement of Class Action ("Notice") and
a copy of the Proof of Claim and Release form, you may obtain
copies by writing to Synovus Securities Litigation Claims
Administrator, PO Box 5053, Portland, OR 97208-5053, by
downloading this information at
www.synovussecuritieslitigation.com by emailing
info@synovussecuritieslitigation.com or by calling (866) 940-3615.

If you are a Class Member, in order to share in the distribution
of the Net Settlement Fund, you must submit a Proof of Claim and
Release form postmarked no later than September 22, 2014,
establishing that you are entitled to a recovery.  You will be
bound by any judgment rendered in the Litigation unless you
request to be excluded, in writing, to the Claims Administrator at
the above address, postmarked no later than September 2, 2014.

Any objection to the settlement, the Plan of Allocation, or the
application for attorneys' fees and expenses must be filed with
the Clerk of the Court at the address below no later than
September 16, 2014:

Richard B. Russell Federal Building
and Courthouse
75 Spring Street, SW
Atlanta, GA 30303

and copies received (not simply postmarked) by the following
counsel no later than September 16, 2014:

120 E. Palmetto Park Road, Suite 500
Boca Raton, FL 33432

28 Bridgeside Blvd.
Mount Pleasant, SC 29464

Counsel for Plaintiffs

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309

Counsel for Defendants


DATED: JUNE 4, 2014



T-MOBILE USA: Overcharged for Services, C.D. Cal. Suit Claims
William Eugene Martin, on behalf of himself and all others
similarly situated v. T-Mobile USA, Inc. a Delaware corporation
and DOES 1 through 10, inclusive, Case No. 2:14-cv-05269 (C.D.
Cal., July 9, 2014), is brought against the Defendant for
improperly and unlawfully charged many Subscribers for services
offered and provided by third party merchants, including monthly
subscriptions for ringtones, wallpapers, and text messages which
provide daily horoscopes or celebrity news, which T -Mobile
customers were not informed of or agreed to.

T-Mobile USA, Inc., is a mobile phone carrier.

The Plaintiff is represented by:

      Amy Tai Wootton, Esq.
      Christopher J. Hamner, Esq.
      555 West 5th Street 31st Floor
      Los Angeles, CA 90013
      Telephone: (213) 533-4160
      Facsimile: (213) 533-4167
      E-mail: awootton@hamnerlaw.com

TELETECH LLC: "Primus" Suit Seeks to Recover Monetary Damages
Shelly Primus, Richard Hall, and Shannon Adams, individually and
on behalf of all others similarly situated v. Teletech, L.L.C.,
Teletech@Home, Inc. and Kenneth Tuchman, Case No. 3:14-cv-01512
(N.D. Ohio, July 9, 2014), seeks to recover monetary damages,
liquidated damages, interest and costs, including reasonable costs
and attorneys' fees as a result of the Defendants' willful
violation of the Fair Labor Standards Act.

Teletech, L.L.C., Teletech@Home, Inc. and Kenneth Tuchman, are
engaged in call center business.

The Plaintiff is represented by:

      Jason T. Brown, Esq.
      Gian M. Fanelli, Esq.
      155 2nd Street, Suite 4
      Jersey City, NJ 07302
      Telephone: (201) 630-0000
      Facsimile: (855) 582-5297
      Email: jtb@jtblawgroup.com

         - and -

      Jesse L. Young, Esq
      Matthew L. Turner, Esq.
      One Towne Square, Suite 1700
      Southfield, MI 48076
      Telephone: (248) 355-0300
      Email: mturner@sommerspc.com

         - and -

      Robert E. DeRose, Esq.
      James Petroff, Esq.
      Robi J. Baishnab, Esq.
      250 E. Broad Street, 10th Floor
      Columbus, OH 43215
      Telephone: (614) 221-4221
      Facsimile: (614) 744-2300
      Email: bderose@barkanmeizlish.com

UNITED STATES: Suit Seeks to Represent Kids Facing Deportation
J.E.F.M., a minor, by and through his Next Friend, Bob Ekblad;
J.F.M., a minor, by and through his Next Friend, Bob Ekblad;
D.G.F.M., a minor, by and through her Next Friend, Bob Ekblad;
F.L.B., a minor, by and through his Next Friend, Casey Trupin;
G.D.S., a minor, by and through his mother and Next Friend, Ana
Maria Ruvalcaba; M.A.M., a minor, by and through his mother and
Next Friend, Rosa Pedro; S.R.I.C., a minor, by and through his
father and Next Friend, Hector Rolando Ixcoy; G.M.G.C., a minor,
by and through her father and Next Friend, Juan Guerrero Diaz; on
behalf of themselves as individuals and on behalf of others
similarly situated v. Eric H. Holder, Attorney General, United
States; Juan P. Osuna, Director, Executive Office for Immigration
Review; Jeh C. Johnson, Secretary, Homeland Security; Thomas S.
Winkowski, Principal Deputy Assistant Secretary, U.S. Immigration
and Customs Enforcement; Nathalie R. ASHER, Field Office Director,
Ice Ero; Kenneth Hamilton, Aafod, Ero; Sylvia M. Burwell,
Secretary, Health and Human Services; Eskinder Negash, Director,
Office of Refugee Resettlement, Case No. 2:14-cv-01026 (W.D.
Wash., July 9, 2014), seek to represent a class of unrepresented
children, all of whom face deportation.

Eric H. Holder, Jr., is the Attorney General of the United States
and the head of the U.S. Department of Justice.

Juan P. Osuna is the Director of the Executive Office for
Immigration Review.

Jeh C. Johnson is the Secretary of DHS and is the highest-ranking
member of DHS, which is the arm of the federal government
responsible for enforcing the immigration laws.

Thomas S. Winkowski is the Principal Deputy Assistant Secretary of
DHS, and is the head of U.S. Immigration and Customs Enforcement.

Sylvia M. Burwell is the Secretary of Health and Human Services.

Eskinder Negash is the Director of the Office of Refugee

Nathalie R. Asher is the Field Office Director for the Seattle
Field Office of ICE

Kenneth Hamilton is the Acting Assistant Field Office Director for
the Seattle Field Office of ICE.

The Plaintiff is represented by:

      Glenda Melinda Aldana Madrid, Esq.
      Matt Adams, Esq.
      Northwest Immigrant Rights Project
      615 2ND Ave Ste 400
      Seattle, WA 98104
      Telephone: (206) 957-8646
      E-mail: glenda@nwirp.org

         - and -

      Sarah A. Dunne, Esq.
      901 Fifth Avenue Suite 630
      Seattle, WA 98164
      Telephone: (206) 624-2184
      E-mail: dunne@aclu-wa.org

        - and -

      Theodore J. Angelis, Esq.
      Todd L. Nunn, Esq.
      925 Fourth Avenue Ste 2900
      Seattle, WA 98104-1158
      Telephone: (206) 623-7580
      Facsimile: (206) 623-7022
      E-mail: theo.angelis@klgates.com

UNITED STATES: Civil-Rights Groups Sue Over Deportation Hearings
Jeffrey Sparshott, writing for The Wall Street Journal, reports
that civil-rights groups on July 9 filed a class-action lawsuit
that faults the U.S. government for not providing legal
representation to children facing deportation hearings, the latest
wrinkle for the Obama administration as it scrambles resources to
meet a surge of unaccompanied minors arriving at the nation's
southwest border.

The lawsuit seeks to require agencies to provide children with
legal representation at deportation hearings.  These children
aren't guaranteed lawyers at their hearings, though some obtain
them through nonprofit groups or other means.

The lawsuit was filed in U.S. District Court in Seattle by the
American Civil Liberties Union, the American Immigration Council
and other groups on behalf of children facing deportation

"The government pays for a trained prosecutor to advocate for the
deportation of every child.  It is patently unfair to force
children to defend themselves alone," said Ahilan Arulanantham,
senior staff attorney with the ACLU's Immigrants' Rights Project.

The suit, J.E.F.M. v. Holder, names as its lead plaintiff a 10-
year-old from El Salvador whose father was killed by gang members.
He and his family have subsequently been threatened, creating a
plausible asylum claim, Mr. Arulanantham said.

"The question is: should a 10-year-old have to marshal evidence
and mount a case?" he said.

The suit isn't directly tied to the surge of unaccompanied minors
arriving at the southwest border but, if successful, could have a
significant impact on government efforts to deal with that crisis.

Also on July 9, the Justice Department said it would take several
steps to deal with the surge in border crossings by minors and
families, including prioritizing cases involving migrants who have
recently crossed the southwest border and have been placed into
deportation proceedings.

The Justice Department said its Executive Office for Immigration
Review would hire more immigration judges, including temporary
ones, and expand access to legal resources and assistance for
people in removal proceedings.

The Executive Office for Immigration Review previously announced a
new program to enroll about 100 lawyers and paralegals to provide
legal services to unaccompanied minors crossing the border.
Attorney General Eric Holder called it a step to "protect the
rights of the most vulnerable members of society."

President Barack Obama on July 8 requested $3.7 billion in funding
to help cope with the tide of children and families illegally
entering the U.S. from Central America.  He also is proposing
legal changes that would allow children who arrive alone to be
sent home more quickly.  Current law, which dates to 2008,
requires that children other than from Mexico and Canada be placed
with sponsors in the U.S. while waiting for a court to hear their
deportation cases, a process that can take years.

Mr. Obama's request calls for $15 million to provide direct legal
representation services to children in immigration proceedings.

The ACLU and other groups began laying the groundwork for their
case before the crisis on the southwest border reached a head.
Mr. Arulanantham said the suit follows a successful effort
launched four years ago to win the legal right to representation
for people with serious mental disorders at deportation hearings.

Government agencies named in the suit declined to discuss details
of the case.  The Justice Department is "reviewing the complaint
and will not comment further on matters in the initial stages of
litigation," a spokeswoman said.

Spokesmen for the Health and Human Services Department and the
Department of Homeland Security's Immigration and Customs
Enforcement bureau said the agencies don't comment on pending
litigation.  "On the general issue, though, minors in the
Unaccompanied Alien Children program are given a 'Know Your
Rights' session, and children at UAC shelters have access to
phones to contact family or legal services," the HHS spokesman

UNITED TECHNOLOGIES: Has Made Unsolicited Calls, Suit Claims
Bianca Carter, individually and on behalf of all others similarly
Situated v. United Technologies Corporation D/B/A Interlogix, Case
No. 8:14-cv-01055 (C.D. Cal., July 9, 2014), is brought against
the Defendant for violation of the Telephone Consumer Protection
Act specifically by negligently contacting Plaintiff on
Plaintiff's residential telephone.

United Technologies Corporation provides a multitude of
residential and commercial services.

The Plaintiff is represented by:

      Abbas Kazerounian, Esq.
      Matthew M. Loker, Esq.
      245 Fischer Avenue, Unit D1
      Costa Mesa, CA 92626
      Telephone: (800) 400-6808
      Facsimile: (800) 520-5523
      E-mail: ak@kazlg.com

         - and -

      Joshua B. Swigart, Esq.
      2221 Camino Del Rio South, Suite 101
      San Diego, CA 92108
      Telephone: (619) 233-7770
      Facsimile: (619) 297-1022
      E-mail: josh@westcoastlitigation.com

         - and -

      Marc H. Phelps, Esq.
      2030 Main Street, Suite 1300
      Irvine, CA 92614
      Telephone: (949) 260-9111
      Facsimile: (949) 260-4754
      E-mail: marc@phelpslawgroup.com

         - and -

      Todd M. Friedman, Esq.
      324 S. Beverly Dr., #725
      Beverly Hills, CA 90212
      Telephone: (877) 206-4741
      Facsimile: (866) 633-0228

WESTERN STONE: Suit Seeks to Recover Unpaid Minimum and OT Wages
Eloy Garza v. Western Stone of Lyons, LLC; and Paul W. Frysig,
Case No. 1:14-cv-01953-BNB (D. Colo., July 14, 2014) alleges that
the Plaintiff and those similarly situated are entitled to unpaid
overtime, unpaid minimum wage, statutory liquidated damages,
reasonable attorney's fees, and costs pursuant to the Fair Labor
Standards Act.

Western Stone is a Colorado limited liability company with its
principal place of business in Lyons, Colorado.  The Company
claims to be one of the "leading suppliers of finished and
unfinished stone products in the country."  The Company provides
finished stone (e.g., stone furniture and countertops), yard stone
(e.g., for patios, retaining walls, garden borders or firepits),
and stone for incorporation into structures (e.g., buildings,
walls, and stairs).

The Plaintiff is represented by:

          Alexander Hood, Esq.
          601 16th St., Suite C #207
          Golden, CO 80401
          Telephone: (720) 239-2606
          Facsimile: (303) 957-2289
          E-mail: alex@towardsjustice.org

WHITE & BLUE LION: Recalls Tattoo Ink, Needles & Kits
White & Blue Lion, Inc. in the City of Industry, CA is recalling
all lots of tattoo Inks and tattoo needles due to pathogenic
bacterial contamination. Use of these products may cause bacterial
infection and can lead to sepsis, a potentially life-threatening
complication of an infection. The recall includes all tattoo inks,
tattoo needles, and tattoo kits distributed by White & Blue Lion
including the ones specifically listed below:

   * Tattoo Inks sold in kits and separately
     All Colors
     Brand: Multi colored Chinese Dragon Image with black and
            white lettering
     Code: Lot No. OR20036
           Batch #8
           Best if used by 16/12/16
     Size: 5 ml bottle

   * Tattoo Needles (included in kits)
     Individually packaged in groups of 5
     Brand: None - labeled as "CE0197 Pre-made tattoo needle"
            "sterilized by E.O. Gas"
     Codes: Art No. 1203RL, 1205M, 1205RL, 1205RS, 1209RL,
            1207RL, 1207M, 1207RS, 1209M, 1209RS

     Lot No: 201308, 201307, 201312, 201402, 201311, 201310
     Expiration: JUN2018

The inks and needles are sold in tattoo kits and the inks are also
sold separately by 8Decades and White & Blue Lion, Inc. through

There was a report of one illness as of today's date.

FDA Laboratory testing has found microbial bacterial contamination
in both the inks and needles.

This recall is being made with the knowledge of the US Food and
Drug Administration.

Consumers with any questions should contact us at 1-626-586-3485
from Monday to Friday between the hours of 9am to 6pm PST.

WHOLE FOODS: Recalls Mini Caesar & Mini Mesclun Goat Cheese Salad
Whole Foods Market is recalling mini 4oz. containers of pre-
packaged Caesar salad and Mesclun Goat Cheese salad sold in stores
on July 8,, 2014 throughout New York, New Jersey (Excluding
Princeton, Cherry Hill and Marlton) and Connecticut (Excluding
Glastonbury, West Hartford and Bishop's Corner) due to mislabeling
and a resulting undeclared allergen of fish and egg (Caesar) and
tree nuts (Mesclun Goat Cheese). The product has a Sell by date
of: 7/11/14.

The salad labels were erroneously swapped and therefore the Caesar
Salad packages contain tree nuts and the Mesclun Goat Cheese
packages contain a Caesar dressing containing fish and egg as an
ingredient. People who have an allergy or severe sensitivity to
any of these ingredients run the risk of serious or life-
threatening allergic reaction if they consume these products.

Signage is posted in affected Whole Foods Market stores to notify
customers of this recall, and all affected product has been
removed from shelves.

Consumers who have purchased this product from Whole Foods Market
may bring their receipt to the store for a full refund. Consumers
with questions should contact their local store or call 201-567-
2090 between the hours of 9am and 5pm EST.

                        Asbestos Litigation

ASBESTOS UPDATE: Insurers Sue Philips Unit's Trust For Records
Tom Hals, writing for Reuters, reported that six insurance
companies are suing an asbestos personal injury trust set up by a
U.S. unit of Philips that the insurers suspect has been making
millions of dollars in fraudulent payments to parties that cannot
prove they were harmed by the company's asbestos products.

In the lawsuit, the insurers are seeking access to trust records.

The insurers said the asbestos personal injury or PI trust set up
during the 2008 bankruptcy of T H Agriculture & Nutrition LLC, a
unit of Philips Electronics North America Corp, had been paying
substantially more claims than originally forecast.

"Plaintiffs have a reasonable suspicion that fraudulent claims
have been submitted to and paid by the asbestos PI trust," said
the lawsuit, which was filed on Wednesday in Delaware's Court of

The lawsuit is the latest in a string of legal and legislative
actions aimed at shedding light on the trusts, which have been
used for decades to compensate people injured by exposure to
cancer-causing asbestos.

Dozens of companies have filed for bankruptcy in the wake of
thousands of lawsuits and then set up trusts that collectively
control tens of billions of dollars.

The six insurers were seeking to conduct an audit of trust records
as part of a bankruptcy agreement with T H Agriculture &
Nutrition, or THAN, Philips Electronics North America and the
asbestos trust.

An attorney who represented THAN as well as the asbestos trust
said the lawsuit had no merit because the insurers were offered
the opportunity to audit the trust's claims in compliance with the
bankruptcy plan.

"They want to conduct a different audit than the one contemplated
by the agreement," said Sander Esserman of Stutzman, Bromberg,
Esserman & Plifka in Dallas. "I suspect the lawsuit will not
receive any traction in the courts."

Philips Electronics did not immediately respond to a request for

THAN filed for bankruptcy in 2008 in the wake of thousands of
lawsuits by people alleging they were made sick by the asbestos
the company distributed until 1980.

In exchange for setting up the $900 million trust, all future
asbestos-related claims against THAN were directed to the trust.

The six insurers agreed to make installment payments to Philips
Electronics North America based on the distributions by the
asbestos trust. They said in their lawsuit they may have paid $25
million more than they should have due to the suspected fraud.

The insurers are AIU Insurance Co, American Home Assurance Co,
Birmingham Fire Insurance Co of Pennsylvania, Granite State
Insurance Co, Lexington Insurance Co and National Union Fire
Insurance Co of Pittsburgh.

In January, a judge found in the bankruptcy of Garlock Sealing
Technologies that personal injury lawyers had repeatedly sought
claims from asbestos trusts after their clients told courts they
had no exposure to the products the trusts were compensating for.

Federal and state lawmakers have also proposed bills that would
increase disclosure from the asbestos trusts.

The case is AIU Insurance Co et al v Philips Electronics North
America Corp et al, Delaware Court of Chancery, No. 9852.

ASBESTOS UPDATE: Garlock Fights Panel's Bid to Reopen Trial
Bill Rochelle, the bankruptcy columnist for Bloomberg News,
reports that the Garlock Sealing Technologies LLC bankruptcy
remains contentious as the gasket maker fights the asbestos
claimants' committee's request to reopen the trial that culminated
in January when the bankruptcy judge estimated that the company's
liability was a 10th of the almost $1.3 billion sought by the

The court's finding that $125 million is a "reasonable and
reliable estimate" of Garlock's total liability to pending and
future mesothelioma claimants was "based on the most extensive
record about asbestos litigation and asbestos disease ever
assembled," Garlock said in 71-pages of heavily redacted
opposition papers submitted on July 3.

The committee asked the judge to reopen the claim-estimation trial
on account of what it said was a "fraud on the court" committed by
the company in withholding evidence. Garlock called the
allegations inflammatory and said the substance of the committee's
request to reopen the trial is "remarkably thin."

Garlock said the committee doesn't explain why the company would
conceal evidence. Moreover, an attempt to provide new evidence
justifying reopening discovery and re-litigating the estimation
trial is a "rehash" of arguments the court has heard many times
before and doesn't affect the basis of the court's ruling, said

The January decision allowed Garlock to file a revised plan of
reorganization in May providing more than $275 million for
asbestos claimants, "more than double the court's estimate,"
according to Garlock.

Garlock said accepting the asbestos committee's "invitation to
backtrack" would be detrimental to the progress of the bankruptcy
effort and would halt the plan confirmation process.

U.S. Bankruptcy Judge George R. Hodges will consider both the
committee's request to reopen the trial and approval of disclosure
materials for the new plan on July 24.

Garlock's new plan, like a prior version, calls for paying claims
in full, so non-bankrupt owner EnPro Industries Inc. can retain

EnPro shares have climbed more than 20 percent since Hodges handed
down his ruling.  EnPro had assets of $1.42 billion and
liabilities of $761.6 million on its March 31 balance sheet. Net
income last year was $27 million on revenue of $1.14 billion. For
this year's first quarter, net sales of $287.2 million resulted in
net income of $1.3 million.  EnPro makes engineered products,
including diesel and natural-gas engines. It has operations in the
U.S. and 10 other countries.

ASBESTOS UPDATE: FMC Corp. Continues to Defend Fibro Suits
FMC Corporation continues to defend itself against numerous
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 March 31, 2014.

The Company states: "Like hundreds of other industrial companies,
we have been named as one of many defendants in asbestos-related
personal injury litigation. Most of these cases allege personal
injury or death resulting from exposure to asbestos in premises of
FMC or to asbestos-containing components installed in machinery or
equipment manufactured or sold by businesses classified as
discontinued operations. We intend to continue managing these
cases in accordance with our historical experience. We have
established a reserve for this litigation within our discontinued
operations and are unable to develop a reasonable estimate of any
exposure of a loss in excess of the established reserve. Our
experience has been that the overall trends in terms of the rate
of filing of asbestos-related claims with respect to all potential
defendants has changed over time, and that filing rates as to us
in particular have varied significantly over the last several
years. We are a peripheral defendant - that is, we have never
manufactured asbestos or asbestos-containing components. As a
result, claim filing rates against us have yet to form a
predictable pattern, and we are unable to project a reasonably
accurate future filing rate and thus, we are presently unable to
reasonably estimate our asbestos liability with respect to claims
that may be filed in the future."

FMC Corporation (FMC) is a diversified chemical company. The
Company operates in three business segments: Agricultural
Products, Specialty Chemicals and Industrial Chemicals. Its
Agricultural Products segment develops, markets and sells all
three classes of crop protection chemicals, such as insecticides,
herbicides, and fungicides, with particular strength in
insecticides and herbicides. Specialty Chemicals consists of its
BioPolymer and lithium businesses and focuses on food ingredients
that are used to enhance texture, color, structure and physical
stability, and lithium for energy storage, specialty polymers and
pharmaceutical synthesis. Its Industrial Chemicals segment
manufactures a range of inorganic materials. In March 2014, the
Company announced that it has completed the sale of its Peroxygens
business to affiliates of One Equity Partners. In May 2014, the
Company established new natural colors blending facility at its
Newark, Del., manufacturing site.

ASBESTOS UPDATE: Insurance Suit v. McDermott Remains Stayed
A lawsuit filed by insurers against McDermott International, Inc.,
relating to coverage for asbestos personal injury claims remains
stayed, according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2014.

The Company states: "On or about August 23, 2004, a declaratory
judgment action entitled Certain Underwriters at Lloyd's London,
et al. v. J. Ray McDermott, Inc. et al., was filed by certain
underwriters at Lloyd's, London and Threadneedle Insurance Company
Limited (the "London Insurers"), in the 23rd Judicial District
Court, Assumption Parish, Louisiana, against MII, J. Ray
McDermott, Inc. ("JRMI") and two insurer defendants, Travelers and
INA, seeking a declaration that the London Insurers have no
obligation to indemnify MII and JRMI for certain bodily injury
claims, including claims for asbestos and welding rod fume
personal injury which have been filed by claimants in various
state courts. Additionally, Travelers filed a cross-claim
requesting a declaration of non-coverage in approximately 20
underlying matters. This proceeding was stayed by the Court on
January 3, 2005. We do not believe an adverse judgment or material
losses in this matter are probable, and, accordingly, we have not
accrued any amounts relating to this contingency. Although there
is a possibility of an adverse judgment, the amount or potential
range of loss is not estimable at this time. The insurer-
plaintiffs in this matter commenced this proceeding in a purported
attempt to obtain a determination of insurance coverage
obligations for occupational exposure and/or environmental matters
for which we have given notice that we could potentially seek
coverage. Because estimating losses would require, for every
matter, known and unknown, on a case by case basis, anticipating
what impact on coverage a judgment would have and a determination
of an otherwise expected insured value, damages cannot be
reasonably estimated."

McDermott International, Inc. (MII) is an engineering,
procurement, construction and installation (EPCI) company. The
Company is focused on designing and executing complex offshore oil
and gas projects worldwide. In April 2014, McDermott International
Inc announced that its subsidiary completed the sale of Harbor
island fabrication yard near Corpus Christi, Texas. The Company
provides fully integrated EPCI services; it delivers fixed and
floating production facilities, pipeline installations and subsea
systems from concept to commissioning. Its business segments
consist of Asia Pacific, Atlantic, Caspian and the Middle East.
The Company's Asia Pacific segment serves the needs of customers
primarily in Australia, Indonesia, Vietnam, Malaysia and Thailand.
The Company's Atlantic segment serves the needs of customers
primarily in the United States, Brazil, Mexico, Trinidad and West

ASBESTOS UPDATE: 20 PI Plaintiffs Junk Claims Against McDermott
Twenty of the plaintiffs in an asbestos-related personal injury
lawsuit pending in a Louisiana state court dismissed their claims
against McDermott International, Inc., according to the Company's
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended March 31, 2014.

The Company states, "On December 16, 2005, a proceeding entitled
Antoine, et al. vs. J. Ray McDermott, Inc., et al. ("Antoine
Suit"), was filed in the 24th Judicial District Court, Jefferson
Parish, Louisiana, by approximately 88 plaintiffs against
approximately 215 defendants, including our subsidiaries formerly
known as JRMI and Delta Hudson Engineering Corporation ("DHEC"),
generally alleging injuries for exposure to asbestos, and
unspecified chemicals, metals and noise while the plaintiffs were
allegedly employed as Jones Act seamen. This case was dismissed by
the Court on January 10, 2007, without prejudice to plaintiffs'
rights to refile their claims. On January 29, 2007, 21 plaintiffs
from the dismissed Antoine Suit filed a matter entitled Boudreaux,
et al. v. McDermott, Inc., et al. (the "Boudreaux Suit"), in the
United States District Court for the Southern District of Texas,
against JRMI and our subsidiary formerly known as McDermott
Incorporated, and approximately 30 other employer defendants,
alleging Jones Act seaman status and generally alleging exposure
to welding fumes, solvents, dyes, industrial paints and noise. The
Boudreaux Suit was transferred to the United States District Court
for the Eastern District of Louisiana on May 2, 2007, which
entered an order in September 2007 staying the matter until
further order of the Court due to the bankruptcy filing of one of
the co-defendants. Additionally, on January 29, 2007, another 43
plaintiffs from the dismissed Antoine Suit filed a matter entitled
Antoine, et al. v. McDermott, Inc., et al. (the "New Antoine
Suit"), in the 164th Judicial District Court for Harris County,
Texas, against JRMI, our subsidiary formerly known as McDermott
Incorporated and approximately 65 other employer defendants and 42
maritime products defendants, alleging Jones Act seaman status and
generally alleging personal injuries for exposure to asbestos and
noise. On April 27, 2007, the District Court entered an order
staying all activity and deadlines in the New Antoine Suit, other
than service of process and answer/appearance dates, until further
order of the Court. The New Antoine Suit plaintiffs filed a motion
to lift the stay on February 20, 2009, which is pending before the
Texas District Court. On April 4, 2014, 20 of the plaintiffs in
the New Antoine Suit voluntarily dismissed their claims against
McDermott without prejudice to re-filing. The remaining plaintiffs
seek monetary damages in an unspecified amount in both the
Boudreaux Suit and New Antoine Suit cases and attorneys' fees in
the New Antoine Suit. We cannot reasonably estimate the extent of
a potential judgment against us, if any, and we intend to
vigorously defend these suits."

McDermott International, Inc. (MII) is an engineering,
procurement, construction and installation (EPCI) company. The
Company is focused on designing and executing complex offshore oil
and gas projects worldwide. In April 2014, McDermott International
Inc announced that its subsidiary completed the sale of Harbor
island fabrication yard near Corpus Christi, Texas. The Company
provides fully integrated EPCI services; it delivers fixed and
floating production facilities, pipeline installations and subsea
systems from concept to commissioning. Its business segments
consist of Asia Pacific, Atlantic, Caspian and the Middle East.
The Company's Asia Pacific segment serves the needs of customers
primarily in Australia, Indonesia, Vietnam, Malaysia and Thailand.
The Company's Atlantic segment serves the needs of customers
primarily in the United States, Brazil, Mexico, Trinidad and West

ASBESTOS UPDATE: W.R. Grace Remains Obligated To PI Trust
W.R. Grace & Co. remains obligated to make deferred payments to a
trust for asbestos-related personal injury claims created under
the Company's Plan of Reorganization, according to the Company's
Form 10-Q filing with the U.S. Securities and Exchange Commission
for the quarterly period ended March 31, 2014.

Asbestos personal injury claimants allege adverse health effects
from exposure to asbestos-containing products formerly
manufactured by Grace. Historically, Grace's cost to resolve such
claims was influenced by numerous variables, including the nature
of the disease alleged, product identification, proof of exposure
to a Grace product, negotiation factors, the solvency of other
former producers of asbestos-containing products, cross-claims by
co-defendants, the rate at which new claims were filed, the
jurisdiction in which the claims were filed, and the defense and
disposition costs associated with these claims.

As of April 2, 2001, 129,191 PI Claims were pending against Grace.
Grace believes that a substantial number of additional PI Claims
would have been received between the Filing Date and the Effective
Date had such PI Claims not been stayed by the Bankruptcy Court.

Under the Joint Plan, all PI Claims were channeled to the PI Trust
for resolution. The PI Trust will use specified trust distribution
procedures to satisfy allowed PI Claims.

On the February 3, 2014, the PI Trust was funded with:

* $557.7 million in cash from Grace (includes $464.1 million of
cash from Grace and $93.6 million of cash from insurance proceeds
that were held in escrow);

* A warrant to acquire 10 million shares of Company common stock
at an exercise price of $17.00 per share, expiring one year after
the Effective Date (the "PI Warrant") (this obligation is expected
to be settled in cash with the PI Trust);

* Rights to all proceeds under all of Grace's insurance policies
that are available for payment of PI Claims;

* $42.1 million in cash from a subsidiary of Fresenius AG,
pursuant to the terms of a settlement agreement resolving
asbestos-related, successor liability and fraudulent transfer
claims against Fresenius; and

* $856.8 million in cash and 18 million shares of Sealed Air
Corporation common stock paid by Cryovac, Inc., a wholly owned
subsidiary of Sealed Air, pursuant to the terms of a settlement
agreement resolving asbestos-related, successor liability and
fraudulent transfer claims against Cryovac and Sealed Air.

Grace is obligated to make deferred payments to the PI Trust of
$110 million per year for 5 years beginning in 2019, and $100
million per year for 10 years beginning in 2024, which obligation
is secured by the Company's obligation to issue 77,372,257 shares
of Company common stock to the asbestos trusts in the event of
default, subject to customary anti-dilution provisions.

The amounts that Grace will be obligated to pay to the PI Trust
under the Joint Plan are fixed amounts. Grace is not obligated to
make additional payments to the PI Trust beyond the payments.

W.R. Grace & Co. (Grace) is engaged in the production and sale of
specialty chemicals and specialty materials on a global basis. The
Company operates in three segments: Grace Catalysts Technologies;
Grace Materials Technologies; and Grace Construction Products.
Grace Catalysts Technologies will include catalysts and related
technologies used in refining, petrochemical and other chemical
manufacturing applications. Grace's Advanced Refining Technologies
LLC (ART) joint venture will be managed in this segment. Grace
Materials Technologies will include engineered materials, coatings
and sealants used in industrial, consumer, pharmaceutical and
packaging applications. In December 2013, the Company announced
that it has completed the acquisition of the assets of the
Polypropylene Licensing and Catalysts business of The Dow Chemical

ASBESTOS UPDATE: W.R. Grace Had 1,310 More ZAI PD Claims
An additional 1,310 claims arising from alleged property damage
due to Zonolite(R) Attic Insulation were filed against W.R. Grace
& Co., according to the Company's Form 10-Q filing with the U.S.
Securities and Exchange Commission for the quarterly period ended
March 31, 2014.

The plaintiffs in asbestos property damage lawsuits generally seek
to have the defendants pay for the cost of removing, containing or
repairing the asbestos-containing materials in commercial and
public buildings. Various factors can affect the merit and value
of PD Claims, including legal defenses, product identification,
the amount and type of product involved, the age, type, size and
use of the building, the legal status of the claimant, the
jurisdictional history of prior cases, the court in which the case
is pending, and the difficulty of asbestos abatement, if

Several class action lawsuits also were filed on behalf of
homeowners alleging damage from ZAI. Based on Grace's
investigation of the claims described in these lawsuits, and
testing and analysis of this product by Grace and others, Grace
believes that ZAI was and continues to be safe for its intended
purpose and poses little or no threat to human health. The
plaintiffs in the ZAI lawsuits dispute Grace's position on the
safety of ZAI. In December 2006 the Bankruptcy Court issued an
opinion and order holding that, although ZAI is contaminated with
asbestos and can release asbestos fibers when disturbed, there is
no unreasonable risk of harm from ZAI.

At Grace's request, in July 2008, the Bankruptcy Court established
a claims bar date for U.S. ZAI PD Claims and approved a related
notice program that required any person with a U.S. ZAI PD Claim
to submit an individual proof of claim no later than October 31,
2008. Approximately 17,960 U.S. ZAI PD Claims were filed prior to
the October 31, 2008, claims bar date and, as of February 3, 2014,
an additional 1,310 U.S. ZAI PD Claims were filed.

Under the Joint Plan, all PD Claims have been channeled to the PD
Trust for resolution. The PD Trust contains two accounts, the PD
Account and the ZAI PD Account. U.S. ZAI PD Claims are to be paid
from the ZAI PD Account and non-ZAI PD Claims are to be paid from
the PD Account. Canadian ZAI PD Claims are to be paid by a
separate fund established in Canada. Each account has a separate
trustee and the assets of the accounts may not be commingled.

W.R. Grace & Co. (Grace) is engaged in the production and sale of
specialty chemicals and specialty materials on a global basis. The
Company operates in three segments: Grace Catalysts Technologies;
Grace Materials Technologies; and Grace Construction Products.
Grace Catalysts Technologies will include catalysts and related
technologies used in refining, petrochemical and other chemical
manufacturing applications. Grace's Advanced Refining Technologies
LLC (ART) joint venture will be managed in this segment. Grace
Materials Technologies will include engineered materials, coatings
and sealants used in industrial, consumer, pharmaceutical and
packaging applications. In December 2013, the Company announced
that it has completed the acquisition of the assets of the
Polypropylene Licensing and Catalysts business of The Dow Chemical

ASBESTOS UPDATE: W.R. Grace Records $2.1-Bil. Fibro Liability
W.R. Grace & Co., recorded $2,092.4 million for its asbestos-
related liability, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2014.

The recorded asbestos-related liability as of December 31, 2013,
was $2,092.4 million, and was included in "liabilities subject to
compromise" in the accompanying Consolidated Balance Sheets.  The
asbestos-related liability was settled at the recorded amount on
the Effective Date, including payment of cash of $499.5 million at
the Effective Date, issuance of deferred payment obligations of
$594.5 million and the warrant of $490.0 million, and transfer of
all cash and rights with respect to Grace's insurance policies
that provide coverage for asbestos-related claims.

The PI Trust deferred payment obligation of $110 million per year
for 5 years beginning January 2, 2019, and of $100 million per
year for 10 years beginning January 2, 2024, was recorded at fair
value of $567 million on the Effective Date. The value of the
deferred payment obligation has been estimated based on (i)
interest rates; (ii) the Company's credit standing and the payment
period of the deferred payments; (iii) restrictive covenants and
terms of the Company's other credit facilities; (iv) assessment of
the risk of a default, which if default were to occur would
require Grace to issue shares of Company common stock; and (v) the
subordination provisions of the deferred payment agreement.

Grace also recorded a deferred payment obligation of $27.5 million
representing the present value of the $30 million payment due to
the ZAI PD Account on February 3, 2017.

The warrant to acquire 10 million shares of the Company's common
stock for $17.00 per share was recorded at its estimated value of
$490 million on the Effective Date based on the current trading
range of Company common stock and other valuation factors.

W.R. Grace & Co. (Grace) is engaged in the production and sale of
specialty chemicals and specialty materials on a global basis. The
Company operates in three segments: Grace Catalysts Technologies;
Grace Materials Technologies; and Grace Construction Products.
Grace Catalysts Technologies will include catalysts and related
technologies used in refining, petrochemical and other chemical
manufacturing applications. Grace's Advanced Refining Technologies
LLC (ART) joint venture will be managed in this segment. Grace
Materials Technologies will include engineered materials, coatings
and sealants used in industrial, consumer, pharmaceutical and
packaging applications. In December 2013, the Company announced
that it has completed the acquisition of the assets of the
Polypropylene Licensing and Catalysts business of The Dow Chemical

ASBESTOS UPDATE: W.R. Grace Insurers to Pay $396MM to PI Trust
W.R. Grace & Co. entered into settlement agreements under which
underwriters agreed to pay an aggregate of $396.1 million to the
personal injury trust, according to the Company's Form 10-Q filing
with the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2014.

The insurance rights transferred by Grace to the Personal Injury
Trust under the Joint Plan of Reorganization relate to insurance
policies that provide coverage for 1962 to 1985 with respect to
asbestos-related lawsuits and claims. For the most part, coverage
for years 1962 through 1972 has been exhausted, leaving coverage
for years 1973 through 1985 available for pending and future
asbestos claims. Since 1985, insurance coverage for asbestos-
related liabilities has not been commercially available to Grace.
Pursuant to the Joint Plan, proceeds with respect to all of
Grace's insurance policies that provide coverage for asbestos-
related claims were transferred to the PI Trust at emergence.

Grace has entered into settlement agreements with underwriters of
a portion of Grace's insurance coverage. Under most of these
agreements, the insurers have agreed, subject to certain
conditions, to pay to the PI Trust (directly or through an escrow
arrangement) an aggregate of $396.1 million in respect of coverage
under the affected policies. Under the remaining agreements, the
insurers have agreed to reimburse the PI Trust for a portion of
the claims actually paid by the PI Trust.

W.R. Grace & Co. (Grace) is engaged in the production and sale of
specialty chemicals and specialty materials on a global basis. The
Company operates in three segments: Grace Catalysts Technologies;
Grace Materials Technologies; and Grace Construction Products.
Grace Catalysts Technologies will include catalysts and related
technologies used in refining, petrochemical and other chemical
manufacturing applications. Grace's Advanced Refining Technologies
LLC (ART) joint venture will be managed in this segment. Grace
Materials Technologies will include engineered materials, coatings
and sealants used in industrial, consumer, pharmaceutical and
packaging applications. In December 2013, the Company announced
that it has completed the acquisition of the assets of the
Polypropylene Licensing and Catalysts business of The Dow Chemical

ASBESTOS UPDATE: W.R. Grace Claims Reps to Act for Trusts
As a result of confirmation and effectiveness of W.R. Grace &
Co.'s Joint Plan of Reorganization, the four official committees
appointed in the Chapter 11 Cases have been disbanded.  The legal
representative for future asbestos personal injury claimants will
continue to act in the same capacity with respect to the PI Trust
and the legal representative for future asbestos property damage
claimants will continue to act in the same capacity with respect
to the PD Trust, according to the Company's Form 10-Q filing with
the U.S. Securities and Exchange Commission for the quarterly
period ended March 31, 2014.

W.R. Grace & Co. (Grace) is engaged in the production and sale of
specialty chemicals and specialty materials on a global basis. The
Company operates in three segments: Grace Catalysts Technologies;
Grace Materials Technologies; and Grace Construction Products.
Grace Catalysts Technologies will include catalysts and related
technologies used in refining, petrochemical and other chemical
manufacturing applications. Grace's Advanced Refining Technologies
LLC (ART) joint venture will be managed in this segment. Grace
Materials Technologies will include engineered materials, coatings
and sealants used in industrial, consumer, pharmaceutical and
packaging applications. In December 2013, the Company announced
that it has completed the acquisition of the assets of the
Polypropylene Licensing and Catalysts business of The Dow Chemical

ASBESTOS UPDATE: Fibro Found in Robertson Schools Central Office
Nicole Young, writing for Robertson County Times, reported that
the Mike Davis, the director of schools in Robertson County,
Tennessee, wants to abandon the district's central office on
Woodland Street in favor of a new facility because he says
asbestos and other environmental issues are a health risk to
employees there.

In his presentation before the county commission's education and
budget committees in June, Davis told commissioners that he'd
confidentially spoken to five central office employees who had
been diagnosed with "environmentally-related illnesses." Twenty-
nine people work at the central office, he said.

"We need to get out of that building," he said. "I don't want
anyone in that building."

Davis told commissioners that an inspection completed in March by
Nashville engineering and architectural firm Barge, Waggoner,
Sumner and Cannon, Inc., revealed an asbestos release at the
central office in the area known as the old gym. It is the second
known asbestos release in recent years, he said. The first
release, which happened before his arrival in Robertson County,
required extensive clean-up.

Long-term exposure to asbestos, used in a variety of building
construction materials, such as insulation, roofing shingles and
ceiling and floor tiles because of its strength and heat
resistance, can cause lung cancer and other serious diseases,
according to the U.S. Environmental Protection Agency. Exposure
can occur when asbestos fibers are released into the air following
a disturbance of asbestos-containing materials during demolition,
building or home maintenance, repair or remodeling, the EPA says.

The school system employs BWSC to oversee its asbestos management
plan, which is required by federal law. The firm conducts
inspections of the district's school buildings and facilities
every three years, according to a letter obtained from Robertson
County Schools.

During the March inspection, a geologist with BWSC said the wall
and ceiling plaster in the older part of the facility "has
deteriorated to the point where it is classified as damaged with
potential for significant damage," according to a letter to
Robertson County Schools dated March 31, 2014.

"Due to the poor condition of the surfacing (asbestos-containing
materials), the building could pose a danger to building workers
and occupants," the letter states. "In addition, the history of
the building structural condition also indicates the potential for
other release episodes. Two ceiling failures and general routine
maintenance has resulted in potential fiber releases in the past
at the facility."

The letter also notes that a portion of the ceiling in the old gym
is collapsing due to water damage and age. The old gym area is
where the release occurred, according to Davis.

"That area is used for storage and there is no one in there," he
said. "But we are all in this building below that roof. We are all
pretty much at the same exposure."

BSWC recommended that the board clean up the asbestos-containing
materials, or do an abatement, to "eliminate any possible risk for
the Robertson County School District employees," the letter said.

Officials prefer new building over abatement

Davis, however, said an abatement project at the central office
would cost in excess of $1 million. He recommended to
commissioners that the central office be moved to the Robert O.
Smith Building, also known as the old Acme Boot Building, on Water
Bonnet Drive in Springfield.

"That building is huge," he said. "We would only need about 30,000
square feet of the space and that will leave plenty left over."

Davis estimates that a central office relocation project at the
Smith building could cost between $1 million and $2 million. He
said he would need about three months to get plans drawn and get
approval from the fire marshal's office. He said construction
would take between six to nine months.

Robertson County Mayor Howard Bradley said he is "very much
alarmed" by the report given to the commission from Davis.

"For a very long time that building has been a less than ideal
environment," he said. "I would expect to see this project
expedited after those two committees heard from (Mr. Davis) how
serious and urgent this is. We've got to get out of that building.
I wish it could be today, but that's just not possible."

The district has owned the land at 2021 Woodland Street since
1898, according to Robertson County Historian Yolanda Reid. The
building that currently houses the central office was used as the
Woodland Street School from 1925 until 1970, according to Reid. It
served elementary school students.

ASBESTOS UPDATE: Fibro Violations Bring $36,800 Fine
Tracy Loew, writing for Statesman Journal, reported that four
companies have been fined a total of $36,800 for violating
Oregon's asbestos law during renovations at a Monmouth apartment
last December.

The state Department of Environmental Quality imposed a $4,800
fine on the apartment owner, Bryadd Inc. of Salem; and $5,600
fines on both the property manager, Western View Properties of
Monmouth, and the contractor, MCC Remodeling of Keizer.  It levied
a $20,800 fine on a second contractor, Pacific Environmental Group
of Cottage Grove, which was brought in to clean up after the
violations were discovered but ended up causing further

The project began when Western View hired MCC Remodeling to repair
water damage at an apartment at 677 E. Main St. The company did
not have an asbestos abatement permit.  Meanwhile, the building's
owner failed to have a trained inspector survey the unit for
asbestos before renovations began, DEQ said.

MCC Remodeling removed flooring that removed asbestos, placed some
of it in garbage bags, and left other portions of the debris
scattered and piled in the apartment, in violation of law.

Samples of the debris taken by a local professional cleaning
company showed the presence of asbestos.  After learning of the
problem, Western View hired a licensed asbestos abatement
contractor, Pacific Environmental, to clean up the mess.

Pacific Environmental then failed to enclose the project with a
negative pressure system, as required by law. It also failed to
have a copy of an asbestos survey report on-site.

"Failing to adhere to these work practices and procedures presents
a significant risk to public health and the environment because
there is no known safe level of exposure to asbestos fibers," DEQ
officials wrote.

The project could have released asbestos fibers into the air,
exposing workers and nearby residents, DEQ said.

ASBESTOS UPDATE: Fibro Removal "Overlooked," Contractor Says
Cecile Meier, writing for The Press, reported that the New Zealand
Earthquake Commission might have underfunded potential asbestos
removal in thousands of residential cash settlements, an
earthquake contractor says.

Accredited Fletcher EQR contractor Warwick Joy said EQC should
have warned homeowners about asbestos risks when issuing a payout
for houses built between 1940 and 1990.

However, an EQC spokesman said in June that mandatory testing for
homes built between 1940s and 1990s only applied to homes in the
Canterbury Home Repair Programme, not to cash settlements.

Joy said homeowners with cash settlements might decide to repair
their property, potentially exposing themselves to asbestos. He
said he checked 2011 EQC assessment reports for friends and family
who had been cash-settled. In both reports, work on high-risk
materials was paid for, but no mention was made of the asbestos
risk.  He estimated it would cost around $5000 to remove asbestos
from his uncle's house, and about $1500 from a friend's.

Joy said this probable cost was not provided for in the cash

However, an EQC spokesman said the $100 cost of an asbestos test
had been provided for in the cash settlement, even though there
was no specific mention of it.  It was up to the builder hired to
do the repairs to decide whether or not a test was needed.

"A margin is built in for a contractor to do preparatory work,
including any asbestos testing if this is required," he said.

If the test returned a positive asbestos result, the homeowner
could provide a copy of the test certificate to EQC so their cash
settlement figure could be reviewed if necessary.

Joy was concerned none of this information was provided to
homeowners before a payout.

EQC said all this information could be found on its website.  EQC
figures show more than 3000 homeowners have opted out of the CHRP
this year alone, following changes in February to EQC's opt-out
scheme allowing claims where damage was assessed at over $15,000
to be cash-settled.

Joy said homeowners who had received a payout not covering
asbestos testing and treatment should pay back EQC and opt into
the Fletcher EQR programme to make sure asbestos would be safely
taken care of.

ASBESTOS UPDATE: Limited Fibro Protections Added to Tort Bill
Mark Binker, writing for WRAL.com, reported that pharmaceutical
manufacturers would have limited protections against lawsuits
claiming they failed to warn consumers about problems with their
drugs under a package of legal reforms that cleared the state

"This does not bar any plaintiff from their day in court," Sen.
Tamara Barringer, R-Wake, said on the Senate floor.

Barringer was explaining an amendment that added back to the bill
a sliver of a consumer liability measure that was so controversial
that the Senate Judiciary 1 Committee removed it entirely.

That earlier measure would have given manufacturers wide-ranging
protections from consumer lawsuits as long as a federal or state
agency of some kind -- such as the U.S. Food and Drug
Administration -- had given the products an approval. It would
have blocked North Carolina residents from filing any number of
consumer claims against faulty products, such as medical devices
that cause harm when implanted.

The Barringer amendment applies only to drugs, not to medical
devices or any other kind of product.

Other parts of the measure would require that lawsuits seeking to
invalidate state laws be heard by three-judge panels and provide
protections to North Carolina companies that are sued by patent
trolls trying to enforce bogus intellectual property claims.

As it was originally drafted, the bill would have erected barriers
to plaintiffs hoping to make claims in asbestos lawsuits. That
measure, too, proved controversial and was stripped by the Senate
Judiciary 1 Committee, with members saying North Carolina would be
nearly unique among states.

So, on the Senate floor, Sen. Bob Rucho, R-Mecklenburg, sought to
amend the bill to protect what he described as "innocent
successors."  The measure is aimed at helping Crown Cork & Seal
Co., which never itself manufactured products with asbestos.
However, it bought a company, Mundet Asbestos, that did
manufacture such products, and it has been sued for damage that
prior company caused.

"They had the misfortune of buying this company," Rucho said,
explaining that his bill would cap Crown Cork's liability.

The measure drew concerns from Barringer and other lawyers who
serve in the Senate.

"We are taking a very serious step here to monkey with the
successor liability laws of our state," said Sen. Buck Newton, R-

Companies, he said, should not be granted immunity for bad
decisions, including decisions related to what companies they

Sen. Fletcher Hartsell, R-Cabarrus, asked Rucho how many
companies, other than Crown Cork, the measure would apply to.
Rucho said he didn't know.

Hartsell said that meant the state was either blindly passing
protections for companies in unknown circumstances or passing a
law that was an unconstitutional boon to one company.

The amendment passed, but several Republicans voted against.

However, the overall bill passed unanimously, with even those who
opposed the asbestos measure voting for it.

ASBESTOS UPDATE: Fibro Decision Will Cost Australian Gov't Dearly
Adam Wright, writing for South Coast Register, reported that a
battle is looming over the fate of Australia's federal
government's Asbestos Safety and Eradication Agency, earmarked for
axing in the federal budget.

Australia has the highest per capita rate of asbestos disease in
the world.

The agency was set up last year with support from the Coalition.
It had a $12 million budget over four years, with an additional $3
million to deliver the National Strategic Plan on Asbestos.

Shoalhaven asbestos inspector Neil Wallace from Asbestos Reporting
said the move would cost Australians far more in health costs than
it would save from axing the agency.  He said in his experience
Australians still did not take seriously the danger posed by the

"I believe the government should be going the other way and
ramping up the education campaigns around asbestos dangers," he

National asbestos support groups, lawyers and unions say the
public will suffer continued deadly exposure if the agency is
abolished.  The national commission of audit recommended this
month that the only federal body addressing asbestos management
and safety be abolished as a cost-saving measure.

Finance Minister Mathias Cormann said it was one of a number of
agencies facing the axe because the Coalition considered them
window dressing and that they were being misused for public
relations purposes.

Agency head Peter Tighe said he had been shocked by the
announcement. No one from the Department of Finance had contacted
him or his staff to discuss their work before the commission of
audit or budget.

ASBESTOS UPDATE: Fly Tippers Dump Fibro in Thornton Lane
Emily Stott, writing for Kent Online, reported that fly tipping of
toxic materials in Eastry, England, has caused a stir on social

Twitter user @glennevans38 posted a picture of a large amount of
industrial rubbish including asbestos which was dumped in Thornton
Lane in Eastry, commenting on the picture he said: "Cheapskate fly
tipping containing asbestos."

It is not known where the toxic waste came from, but this is now
being investigated by Dover District Council.

A DDC spokesman said: "We are aware of the fly tipping in Thornton
Lane, Eastry, and arrangements are in place for this to be

"The waste items contained some documentation, and this will be
the subject of further investigation and possible enforcement
action by DDC's Environmental Crime team if sufficient evidence is

Sarah Wells, Eastry Parish Council clerk explained she wasn't
aware of any problem with fly tipping in Thornton Lane and hopes
this is just a one-off.  She added: "Thornton Lane is so out of
the way and quiet, it would be easy for someone to dump something.

"It's not a problem that I'm aware of, we get the odd incident of
fly tipping but not any more than any where else.

"It always surprises me when we get fly tipping in Thornton Lane,
someone would have had to drive there especially, so you might as
well just go to the tip."

Only small quantities of asbestos can be disposed of at a local
tip and it is an offence to dump any kind of rubbish in an
unauthorised spot.

Asbestos can be very harmful, the fibres can cause lung cancer and
other lung diseases and must be disposed of properly.  Fly tipping
is a criminal offense which can carry a penalty of fines up to
GBP50,000 in the Magistrates' Courts, and unlimited fines in the
Crown Courts, as well as community punishment orders or prison
sentences of up to five years.  In addition, those found guilty
may also have to pay legal costs and compensation.

The district council is urging residents to continue their
vigilance in bringing fly tipping incidents to its attention and
is very grateful for those residents who do this.

ASBESTOS UPDATE: Deadly Dust Found at Burned Building
Lisa McCormack, writing for Stowe Reporter, reported that the
owner of a burned-out Morrisville building in Stowe, Vermont, has
been given state permission to resume cleaning up the location.
The cleanup at the A.R. Foss building on Route 100 North was
halted because of asbestos concerns.  A construction trailer was
parked at the burned-out building and debris was being removed
again.  The fire was in February, but building owner Allen Foss
didn't begin cleanup work until after town officials declared the
ruins a public health hazard and ordered him to clean them up.

Owners of neighboring businesses, including Green Mountain
Landscaping and Green Mountain Distillers, had complained to town
officials about the odor of mold from the charred ruins.

In an interview in May, Foss said the fire had been caused by
arson and he had to wait until a state fire investigation was
completed before starting the cleanup.

However, according to Sgt. Jeremy Hill of the Vermont State Police
Fire Investigations Unit, the cause of the fire has not been
determined. The building was so badly burned, there was not enough
left for an investigation, Hill said.

In the past, a pellet stove had caused a few minor fires at the
building, Hill said.  Just days after the cleanup began, it was
halted by the Vermont Department of Health because Foss had hauled
off six trailers filled with debris without checking for asbestos
at the property.  State law requires that all asbestos be removed
before a building is demolished, according to Christopher Kinnick,
an asbestos and lead program engineer for the Vermont Department
of Health.  In some cases, property owners need a state permit
before work can begin.

As it turned out, the A.R. Foss property didn't need a permit.
"The asbestos identified was very minor and limited to one side of
the building," Kinnick said. "The abatement took part of a morning
to complete. No permit was necessary, based on the small amount of
asbestos involved."

However, controversy about the site might not be over.

Foss wants to keep a steel building that sits on the property. He
says it wasn't badly damaged by the fire and could be restored.
But neighbors say it's filled with mold and they want it removed,

The Morristown Select Board was slated to convene as the board of
health on June 23 to decide if the building is a health hazard and
needs to go, said zoning officer Todd Thomas.  The health and
aesthetic issues at the location, combined with the conflicting
interests of Foss and his neighbors, have produced a quagmire,
Thomas said.

"Hopefully, we'll get a resolution with Foss, the neighbors and
the town," Thomas said.

Howie Faircloth III is co-owner of the Green Mountain Distillers
building being constructed next door. He expects to receive a
certificate of occupancy within 60 days. After that, the
distillery will begin offering tours and open a retail space.

"I expect that the site will be cleaned up by then and won't
impact my business," Faircloth said.

ASBESTOS UPDATE: Fibro-Tainted Soil in Jefferson Parish Removed
Adriane Quinlan, writing for NOLA.com, reported that a two-year,
half-million dollar headache, caused by what Jefferson Parish
officials thought would be a cheap fix to a construction problem,
was eliminated in June. The Parish Council accepted as complete a
contract to remove the last of an estimated 6,000 tons of
asbestos-tainted soil from the site of the Churchill Technology &
Business Park in Avondale.

The Army Corps of Engineers had donated the dirt from digs at two
canals. Jefferson used it as free fill for the Avondale site,
which is run by the Jefferson Economic Development Commission.
But during a routine drop of soil on March 10, 2012, a worker at
the Avondale site spotted what tested to be asbestos. Since then,
the clean-up has cost $572,485.

The final payment on the cleanup contract totalled $159,729, per
the contract that the Parish Council closed out. That brought the
job in at $3,770 less than budgeted when it was awarded on Dec.
11, to Asbestos Management Services LLC. The firm finished in 52
days, rather than the 90 days expected, Public Works Director
Kazem Alikhani said.

"It's all cleaned up. It's all completed," Alikhani said. "The
project is completed. This was the last piece of what we had to

ASBESTOS UPDATE: Fibro Caused Death of Ex-Carriageworks Employee
The Press reported that a retired electrical technician has died
as a result of inhaling asbestos during 15 years' working at York
Carriageworks, in England, an inquest has heard.

In a statement to his solicitors before his death, Derek Wilson,
65, described how blue and white asbestos was thrown into the air
by work on carriages at the British Rail Engineering plant on
Holgate Road where he worked from 1973 to 1988.  He got so dirty
from the dust, he needed to wash at the end of his shift.

The inquest at New Earswick Folk Hall heard that Mr Wilson, of
Bellhouse Way, Foxwood, died at St Leonard's Hospice, York, on
March 29, 2014.

A post mortem revealed he had asbestos fibres in his body and had
died from malignant mesothelioma, a form of cancer commonly caused
by asbestos which is recognised as an industrial disease. He had
been diagnosed as having the disease more than a year earlier.

York coroner Donald Coverdale concluded he had died from an
industrial disease and that the mesothelioma had been caused by
inhaling asbestos dust during his work at the carriageworks.

ASBESTOS UPDATE: Stockton Fire Station Closed For Fibro Testing
In May, it was reported that Stockton Fire Department Station 6
had been closed for asbestos testing.  The 1940's era building is
also undergoing other renovation activities to improve the
facility and increase energy efficiency of the aging structure.

In the past, asbestos was added to many common building materials
which continue to cause health and safety concerns all across
California. These asbestos containing materials may include pipes,
wallboard, siding, tiles, flooring, plasters, fireproofing
materials, insulation, joint compound, shingles, caulking,
insulation and numerous other products.  Exposure to asbestos
fibers can cause mesothelioma, asbestosis and lung cancer.  These
conditions may not develop until years after exposure.

As first responders, firefighters risk their lives battling fires
and rescuing people in burning buildings and emergency situations.
These scenarios can also easily aerosolize asbestos fibers into
the air in older structures during firefighting operations.
Unfortunately, due to its heat resistant properties, asbestos was
even used in some firefighting safety gear in the past before its
dangers were known.

"Firefighters already have an increased risk of exposure to
asbestos when battling fires, the last thing they need to worry
about is exposure at their fire station," said Michael Chapman,
Laboratory Manager at LA Testing's Garden Grove facility.
"Removing the asbestos from the Stockton Station is good news for
the men and women who work there.  Asbestos testing after a fire
can also help protect people investigating the fire, remediating
or demolishing the building, and nearby residents from needless
risks.  LA Testing provides comprehensive asbestos testing
services to help prevent potential exposure to these dangerous

To learn more about asbestos testing services or other
environmental, health and safety issues, please visit
www.LATesting.com, email info@LATesting.com or call (800) 755-

                          About LA Testing

LA Testing is California's leading laboratory for indoor air
quality testing of asbestos, mold, lead, VOCs, formaldehyde, soot,
char, ash and smoke damage, particulates and other chemicals.  In
addition, LA Testing offers a full range of air sampling and
investigative equipment to professionals and the general public.
LA Testing maintains an extensive list of accreditations
NVLAP, State of California, State of Hawaii Department of Health
and other states.  LA Testing, along with the EMSL Analytical,
Inc. network, has multiple laboratories throughout California
including South Pasadena, Garden Grove, San Leandro and San Diego.

ASBESTOS UPDATE: Judges Suggest Putting Courthouse on Death Row
Brad Dicken, writing for The Chronicle-Telegram, reported that
Lorain County, Ohio, Common Pleas Judge James Miraldi told the
county commissioners that he was "appalled" by the state of the
old Lorain County Courthouse, which houses the county's Adult
Probation Department.

"What I saw over there wouldn't be appropriate for a probation
department in a Third World country," Miraldi said.

Miraldi said he and other judges toured the building and saw black
mold, asbestos, a broken elevator and numerous other problems in
the more than century-old building.

Common Pleas Judge John Miraldi, who also took the tour, referred
to the old Courthouse as "that pit" and said there were serious
air quality problems inside.

The judges have pushed the commissioners for months to build out
the vacant fifth floor of the Lorain County Justice Center to
house the Probation Department. Some county officials have balked
at the price tag of the preparing the fifth floor, estimated to
cost $2.4 million to $2.8 million.

Administrative Judge James Burge has said the judges, who oversee
the Probation Department, are willing to pick up half the cost of
the project as well as any cost overruns.

The county had proposed moving the Probation Department to 374
Broad St. at a cost of $1.3 million, but that suggestion has drawn
criticism from both Burge and Elyria Mayor Holly Brinda. They both
have said they don't want people on probation for felonies
spending time in the downtown business area.

Burge has threatened that he and the other judges will issue a
court order requiring the commissioners to spend money to upgrade
the old courthouse if the fifth floor project isn't approved.
Commissioner Tom Williams, who said he supports the fifth floor
plan, said the cost of completely renovating the old courthouse
would be between $10 million and $15 million.

County Administrator Jim Cordes said the problems at the old
courthouse aren't as bad as the judges have claimed.

For instance, he said the asbestos has been abated in the building
and that mold will always be a problem in sandstone buildings.
There is no proof, Cordes said, that there is black mold in the

Another issue, Cordes said, is that the Probation Department has
expanded into areas of the building where they were never supposed
to be. In a recent example, he said, a storage closet was
converted to an office without the county being notified.

Cordes also scoffed that the commissioners had ignored the
equivalent of a thick book worth of repair requests from the
judges and probation officials. He said he is aware of three pages
worth of complaints.

County maintenance workers have been making repairs to the
building in recent weeks, although the judges and county officials
have clashed over where and when city inspectors can enter the
building to look for problems.

Commissioner Lori Kokoski said she and her fellow commissioners
are open to finding a solution, but the judges only seem willing
to entertain their plan to build out the fifth floor.

"It's like my way or the highway with the judges," she said.

ASBESTOS UPDATE: Fibro-Contaminated House Destroyed by Fire
Calla Wahlquist, writing for PerthNow, reported June 13 that two
residents in West Swan, in Perth, Australia, returned home from
hospital to find their house destroyed by fire.  The fire at the
Cheltenham Street house in Bennett Springs was reported by police
at 10.47pm on June 12, and had spread throughout the house by the
time firefighters arrived.  But the suspected presence of asbestos
in sheeting used under the eves of the house made it difficult for
firefighters to battle the blaze.

A spokesman for the Department of Fire and Emergency Services said
firefighters also found what appeared to be an illegal electricity
connection, which was being investigated by Western Power.

The spokesman could not put a value on the damage caused, but said
the house appeared significantly damaged.

ASBESTOS UPDATE: Fibro Poses Danger During Fire in Waringstown
Lurgan Mail reported June 14 that firefighters were called to
Waringstown, in Ireland, to deal with an arson incident at a
derelict shed just off the main street -- with residents told to
close doors and windows following the discovery of asbestos.

Fire Crews dealt with a deliberate fire in a derelict single
storey shed. Two appliances from Lurgan Fire Station and one from
Banbridge Fire Station dealt with the call.  Firefighting
operations were challenged by partial asbestos in the roof of the
building.  All the necessary safety precautions were taken by
firefighters, nearby residents were advised to close windows and
doors and Environmental Health have been informed.

Crews continued firefighting operations until 5am and as
anticipated due to the nature of the fire were called to return
again before 9am to deal with smouldering material inside the
building.  As the building is unsafe to enter at present one Fire
Crew is remaining on standby at scene.

ASBESTOS UPDATE: Hungarian Assoc. Urges Removal of Fibro in Bldgs.
Krisztina Kupi, writing for GreenFudge.org, reported that there
are still 150 to 200,000 square meters of sprayed asbestos in
Hungarian buildings, especially in tower blocks which were built
in the 1970s. The Hungarian Association of Asbestos Removal
Contractors urges the disposal of the remaining sprayed asbestos
in Hungarian tower blocks. The disposal of asbestos, which would
have a cost of 20-25 billion HUF, could save the lives of
thousands of people.

The Association has recently launched a campaign for the
registration of all asbestos pollution in the country. They also
demand the creation of suitable working conditions for asbestos
removal, and urge the recognition of asbestos as the cause of
certain diseases as well as the compensation of employees in case
of any damage to their health.

The head of the Association, Gabor Borsody, talked to MTI
Hungarian News Agency about the importance of raising awareness of
how one should behave in a flat or building polluted by asbestos.
According to the asbestos specialist, the next step would be the
creation of a complete asbestos register covering the whole

In its press release, the Association reminded: the European
Parliament accepted a regulation about the fight against asbestos
in March 2013. The professional organisations of developed
countries also wish to make the continent asbestos-free by 2023 as
the number of deaths due to asbestos pollution reaches 20-30,000
each year.

At the moment, Hungary is considered moderately polluted by
asbestos. Sprayed asbestos was used in the construction industry
since the 1970's for fire-protection goals. The quantity of built-
in asbestos reached 400,000 to 450,000 square meters. Half of this
quantity was built in panel tower blocks.

The Association emphasizes: the consequences of inhaling asbestos
appear only after an incubation period of 10 to 40 years, usually
in the form of an incurable disease such as lung or laryngeal
cancer. Other risks of asbestos were illuminated by a British
study, which found that the chance of heart diseases and stroke is
also higher in industrial workers exposed to asbestos.

ASBESTOS UPDATE: New Warning on White Fibro Risk Issued
Laura Bootham, writing for Radio New Zealand News, that the
medical officer of health in Canterbury, New Zealand, has warned
that white asbestos is more harmful than previously thought.

White asbestos, or chrysotile, was commonly used between 1940 and
1990 in the construction of buildings and homes in New Zealand.
Medical officer of health Alistair Humphrey said two other types,
known as blue and brown asbestos, were also used, but were
considered much more harmful than chrysotile.

Dr Humphrey said it was well-known that the risk of lung cancer
for smokers increased if they were exposed to white asbestos,
because of the way the chemicals interacted.  But he said
chrysotile's true effect was not understood because most people
who worked with asbestos smoked as well.

"Previously we had thought chrysotile was the least harmful of the
three forms of asbestos [white, blue and brown asbestos]. White
asbestos interacts with cigarette smoke and causes lung cancer.

"Its effect was previously masked by the fact that most people
working with asbestos smoked as well. As people have stopped
smoking, the rate of decline of lung cancer has not been as great
as people had thought it would be, in other words, chrysotile
asbestos is not quite as benign as some of the older guidelines

The medical officer said those involved in the Christchurch
rebuild had the perfect opportunity to remove asbestos, but it's
been lost.

A number of residents in Canterbury have told Radio New Zealand
that they believe they have been exposed to asbestos fibres during
quake repairs.

Dr Humphrey said the hazard has been left in homes to be covered
over rather than completely removed and was used in many different
areas such as roofs, ceilings, and floors.

"White asbestos, [chrysotile] is the most common form of asbestos
used in the last few decades. People's perception of white
asbestos should change."

He said that in the past the Earthquake Commission and Fletcher
EQR have implied that it was the least harmful, but recent
evidence now indicates it is not as benign as was thought.

"If you read the guidelines they will often say chrysotile is the
least harmful, and that may well be the case as far as
mesothelioma is concerned, but as far as lung cancer is concerned
it may not be the least harmful."

Australian professor and asbestos expert, Bill Musk, said research
carried out by him and other specialists examined the relationship
between exposure and disease.  Professor Musk said that so far
they have been unable to identify a level of exposure below which
there is no risk of developing asbestos-related diseases,
particularly malignant mesothelioma.  He warns that if people have
asbestos in their home they should be careful in how they clean it

"Do not just get the broom or vacuum out. The vacuum filter will
not collect asbestos and will disturb what asbestos is lying

Professor Musk said covering up asbestos via enclosure or
encapsulation are ways of reducing contamination of the
environment, but said it's only a short-term reduction in exposure
because the asbestos is still there and likely to be disturbed.
In December of last year Professor Musk said at an asbestos
conference in Christchurch that he was shocked by the scale of
quake damage and the huge potential for contamination.  He said
New Zealand needs to completely ban the importation of asbestos as
the Australian government has done.

When asked for a response to Alistair Humphrey's comments,
Fletcher EQR told Radio New Zealand to refer its request to the
Ministry of Health. The ministry has not responded to Radio New
Zealand's request for comment.

EQC has not responded to a request for comment.

ASBESTOS UPDATE: Center Urges Exposure Victims to Heed Advice
The Mesothelioma Victims Center said June 14, "We are sharing a
report from the American Cancer Society because it gives potential
mesothelima victims extremely important advice. The ACS recommends
having your doctor test for mesothelioma if you had heavy exposure
to asbestos at a workplace, or while serving our nation in the US
Navy. The key to keeping on top of this rare type of cancer is to
have regular x-rays and or CT scans done, again for those who had
heavy exposure to asbestos."

The Mesothelioma Victims Center is certain hundreds, or thousands
of US citizens die each year from a rare form of cancer caused by
asbestos exposure, and they were never properly diagnosed with
mesothelioma which resulted in the victim, or their family
members, never receiving any compensation that could have been
hundreds of thousands, or over a million dollars. The Center
believes this happens because individuals who were exposed to
asbestos decades ago at a workplace discount the possibility of
mesothelioma happening to them. For more information individuals,
or family members concerned about mesothelioma, can always call
the Mesothelioma Victims Center at 866-714-6466.

According to the American Cancer Society, "If you have been
exposed to asbestos, it is important to assess the amount of
exposure. If you were exposed only very briefly, or only at very
low levels, your risk of a resulting disease is probably low.
However, if you were exposed at high levels or for long periods of
time, you may be at increased risk of certain cancers such as
mesothelioma. You can protect your health in several ways:

Talk to your doctor about whether you should get regular health
checkups to look for signs of asbestos-related diseases. You may
want to ask about seeing a doctor experienced with asbestos-
related diseases. Some doctors recommend that people with heavy
asbestos exposure get regular chest x-rays or CT scans and lung
function tests. These tests can't detect asbestos fibers
themselves, but they may be able to detect problems that could be
caused by the fibers.  Tell your doctor if you start to have
symptoms that might be related to asbestos exposure such as
shortness of breath, a new or worsening cough, pain or tightness
in the chest, trouble swallowing, or unintended weight loss.  See
your doctor promptly for any respiratory illness that does not go

The Mesothelioma Victims Center is extremely committed to making
certain all diagnosed victims of mesothelioma, or their family
members, have instant access to the nation's most skilled
mesothelioma attorneys that consistently get the best compensation
settlements for their clients. The group is also equally committed
to making certain all diagnosed victims have instant access to the
nation's top mesothelioma treatment centers. Diagnosed victims of
mesothelioma, their family members, or individuals concerned about
possible mesothelioma can call the Mesothelioma Victims Center
anytime at 866-714-6466. http://MesotheliomaVictimsCenter.Com

Information About Mesothelioma For Diagnosed Victims And Their
Families From The Mesothelioma Victims Center:

According to the US Center for Disease Control, the average age
for a diagnosed victim of mesothelioma is 72 years old. Frequently
victims of mesothelioma are initially misdiagnosed with pneumonia.
This year between 2,500 and 3,000 US citizens will be diagnosed
with mesothelioma. Mesothelioma is attributable to exposure to

High-risk work groups for exposure to asbestos include: US Navy
Veterans, shipyard workers, oil refinery workers, manufacturing
workers, plumbers, electricians, auto mechanics, machinists, and
construction workers. Typically the exposure to asbestos occurred
in the 1950s, 1960s, 1970s, or 1980s.

The states with the highest incidence of mesothelioma include:
Pennsylvania, Maine, New Jersey, West Virginia, Florida, Wyoming,
and Washington. However, based on the calls the Mesothelioma
Victims Center receives diagnosed victims could be in any state
including California, New York, Texas, Massachusetts, Maryland,
Virginia, North Carolina, Georgia, Louisiana, Missouri, Ohio,
Michigan, Indiana, Illinois, Wisconsin, Minnesota, North Dakota,
Montana, Nebraska, Kansas, Colorado, Utah, New Mexico, Arizona
Nevada, Idaho, Oregon, and Alaska.

The Mesothelioma Victims Center says, "Before you hire a
mesothelioma attorney please call us at 866-714-6466, and compare
the qualifications of who we consider to be the nation's most
skilled mesothelioma attorneys to any other lawyer, or law firm.
When it comes to obtaining the best mesothelioma settlement, the
quality of the attorney matters, as we would like to explain."

For more information about a rare form of cancer caused by
exposure to asbestos called mesothelioma, please visit the US
Centers For Disease Control's web site:

ASBESTOS UPDATE: Neb. Court Grants Bid to Transfer Fibro Case
HarrisMartin Publishing reported that a Nebraska federal court has
granted a motion to transfer a railroad worker's asbestos case to
federal court in Iowa, finding that the interests of the public
and the convenience of the witnesses weighed in favor of transfer.

In the June 4 decision, the U.S. District Court for the District
of Nebraska transferred the claims to federal court in Sioux City,
where the alleged exposure occurred and where the plaintiff lived
and worked.

ASBESTOS UPDATE: Court Affirms Judgment for Railroad Defendant
HarrisMartin Publishing reported that a California appellate court
has affirmed a demurrer sustained in favor of asbestos defendant
BNSF Railway Co., finding that it did not owe a duty to protect
the wife of a former employee from asbestos-related dangers.

In the June 3 opinion, the California Second Appellate District,
Division 5, rejected the plaintiffs' efforts to distinguish their
claims from those in Campbell v. Ford Motor Co., (2012, 206 Cal.
App.4th 15), another take-home exposure case.

The plaintiffs contended in their complaint that Lynn Haver
developed mesothelioma after she was exposed to asbestos on her
husband's work clothing.

ASBESTOS UPDATE: Inspectors Testing Preschool for Fibro
Linzi Sheldon, writing for KiroTV.com, reported that state
inspectors with Washington's Occupational Safety and Health
Administration are testing a Normandy Park recreation center and
preschool for lead paint and asbestos. The paint is flaking from
windows on the rec center's dance studio, multipurpose room and
preschool classroom, and the city of Normandy Park is concerned
kids could eat it.

City officials have put up caution tape to keep kids away from the
windows and put up notices but are not closing the center. City
Manager Glenn Akramoff showed KIRO 7 what inspectors believe could
be lead paint and window caulking with asbestos.

"I didn't know there was a problem," parent Greg Ring said. "They
will need to figure it out now."

The notices surprised Ring, whose teenage daughter takes classes
at the rec center.

The building was constructed in 1956 as a school and converted
into a rec center in 1989. Akramoff said the city has had growing
worries the structure might have some of the features, like lead
paint and asbestos, common in buildings of its time. Asbestos is a
known carcinogen. And lead paint can lead to lead poisoning,
causing nervous system damage and even seizures if young children
consume a lot of it.

Over the last six to eight months city staff consulted with
architects and the city's insurance company, and state officials
has examined the site up close and took samples.

"We asked them point blank: is there any reason for us to fully
close either building?" Akramoff said. "They said 'No, there's no
imminent danger to anyone.'"

Akramoff said students in the preschool, which was on its last
day, were kept away from the windows. People can cancel
reservations for a refund if they are uncomfortable. The rec
center's gym is not affected.

Dance instructor Melanie Sartin warned all her students. She said
she worries the city may choose demolition over a fix.

"We're at a crossroads, going, are we going to shut this down?"
Sartin said. "Are we going to keep going with it?"

Akramoff said it would be sealing plastic covers over the windows
outside and inside to prevent kids from touching the windows.
State inspectors are expected to get their test results in about
six weeks.

ASBESTOS UPDATE: Toxic Dust Found at Stamford Police Headquarters
Kate King, writing for Stamford Advocate, reported that police
officers at the City of Stamford, Connecticut, have been sweating
it out at the Bedford Street headquarters since asbestos was found
in the building's plaster ceiling last month.

Exposure to asbestos, a mineral fiber widely used in the past for
building insulation and as a fire retardant, has been linked to
lung disease. The discovery of asbestos in ceilings at the police
station prompted city officials to turn off the department's air
conditioning and circulation system as a precaution.

"There's no air conditioning, no air movement -- it's not a great
situation at all," said Police Chief Jon Fontneau. "We worry about
what will happen on really hot days because the guys are
perspiring greatly right now."

The asbestos was discovered by a contractor who was doing
mechanical upgrades to the station's heating, ventilation and air
conditioning system, said City Engineer Lou Casolo.

"There is asbestos-containing material in the plaster ceiling of
the first floor and gym," Casolo wrote in an email. "Much of the
second floor is unaffected because it does not have a plaster

The city hired an industrial hygiene consultant to test the police
headquarters' air quality. Samples of more than 1,200 liters of
air over a four-hour period all tested negative for asbestos
contamination, Casolo said.

"The consultant has concluded that the condition of the building
is safe for occupancy," Casolo wrote in a May 23 memorandum to
Fontneau. "However, it is important to avoid any future
disturbance of asbestos-containing ceiling plaster."

Stamford Police Association President Todd Lobraico said the union
hired its own air testing consultant, which also determined the
department is safe for occupancy.

"We are waiting to hear further on the detailed plan and any time
lines for the abatement process," Lobraico said in an email. "Our
primary concern is the safety of our personnel. We will work
closely with the administration to ensure a safe, amicable

A contractor is on site making repairs that should improve air
circulation to at least part of the building, Casolo said. He did
not yet know when the asbestos will be completely removed.

Before air testing results showed that the building was safe for
occupancy, city officials had worried that the entire police
station would be uninhabitable. Mayor David Martin even considered
the possibility that the department might need to be temporarily
relocated to the former Sacred Heart Academy property on
Strawberry Hill Avenue, which the city is in the process of

"Fortunately, those tests came back negative, there was no
asbestos contamination in the regular air," Martin told the Board
of Representatives leadership committee.  "But we were sweating
bullets that essentially the police could not operate out of the
police station."

The building was opened in 1955, and a second level was added in
1980. Funding for construction of a new police station has been a
perennial budget request that has thus far been shot down every
time. Money was appropriated for some renovations in the early
2000s, but even with those completed, the police station remains
antiquated compared to today's standards. Martin said the
possibility of relocating the police department during the
asbestos remediation work is "less than 10 percent."

ASBESTOS UPDATE: Suits Filed by Mud Drillers Continue to Rise
Heidi Turner, writing for Lawyers and Settlements, reported that
asbestos lawsuits often involve construction workers and employees
who were exposed to products that were packed with asbestos, but
some asbestos lawsuits involve drilling mud. Although drilling mud
itself does not sound particularly harmful, according to lawsuits
filed by people who worked with the substance, asbestos was used
as an additive to drilling mud, putting people who work with the
mud, such as mud engineers, at risk of asbestos-related diseases.

One such lawsuit was filed in Louisiana state court, but removed
to federal court in 2013. That lawsuit (Bridges et al v. Phillips
66 Co. et al., case number 3:13-cv-00477) was filed by 10
plaintiffs who allege they were exposed to asbestos, including
handling asbestos and breathing it in, while working for a variety
of companies including Chevron Phillips Chemical Co., and Shell
Oil Co.

The plaintiffs further allege they developed illnesses related to
asbestos exposure because of their work for those companies. They
claim the companies knowingly used products that contained
asbestos and, despite having information about the risks
associated with using asbestos, continued to use those products.

Asbestos exposure has been a highly contentious area of
litigation. Over the course of a career, employees could be
exposed to asbestos from a variety of employers and product
makers. Furthermore, symptoms of asbestos-related illnesses may
not arise for decades after the exposure.

Among the illnesses linked to asbestos exposure are asbestosis,
mesothelioma and lung cancer.

Drilling mud is used to keep the drill bit cool and to flush the
well hole. It is usually mixed on-site, with asbestos mixed
directly into the drilling mud because of its heat-resistant
quality. Many workers, however, may not have realized the additive
they were mixing into the drilling mud was toxic. They may have
mixed the asbestos without wearing proper safety gear or taking
proper measures.

Lawsuits have been filed against many companies, alleging workers
were exposed to asbestos during their time as drilling mud
engineers, resulting in them developing serious health problems.
Meanwhile, lawsuits are also being filed against other defendants
not linked to asbestos drilling mud, alleging workers were exposed
to asbestos while on job sites including construction sites and
manufacturing plants.

In one recent lawsuit, a $1 million award was upheld for a man who
alleged he developed mesothelioma from asbestos exposure while
working on Ford vehicles (other defendants were also named in the
lawsuit but settled out of court).

ASBESTOS UPDATE: Bishopsbourne Joinery Destroyed in Fire
Lowri Stafford, writing for Kent Online, reported June 15 that a
joinery was completely destroyed in a fire and firefighters
battled to douse the blaze and stop exploding asbestos in the roof
from igniting a nearby house.  The 15 x 4m workshop in
Bishopsbourne near Canterbury, England, which was used to store
wood, went up in flames just before 5am.

The intense heat caused asbestos in the roof to explode --
threatening nearby buildings.  Four crews rushed to Crows Camp
Road after a neighbour woke up to banging sounds and raised the

Crew manager Trevor Cox said: "The woman was woken up by the sound
of exploding asbestos.

"By the time we got there, the whole workshop was completely
engulfed in flames.

"As we fought the fire, we poured water on the surrounding
buildings and a car to stop them catching alight.

"It was quite lucky it was calm and there was no wind to carry the
pieces of flaming asbestos."

Mr Cox said it is not yet known what caused the fire.

ASBESTOS UPDATE: Retired Firefighter Blames Job for Deadly Cancer
Thomas Martin, writing for Liverpool Echo, reported that a retired
Merseyside, England, firefighter is suing the fire service for up
to GBP200,000 after he was allegedly exposed to deadly asbestos
dust at work.

Anthony Cook, 76, was a fireman between 1961 and 1992, operating
out of Wallasey, Birkenhead, Upton and Bebington stations.  Mr
Cook, of West Wirral, was enjoying his retirement until 2012, when
he began to suffer from chest pains and breathlessness, according
to a writ lodged at the High Court in London.  Last year he was
diagnosed with mesothelioma -- an incurable, asbestos-related
cancer in the lining of the lungs.

The former firefighter is now suing Merseyside Fire and Rescue
Service, claiming the organisation failed to protect him from
repeated exposure to asbestos during his 31-year career.  He is
demanding a payout of between GBP150,000 and GBP200,000 in
compensation for his illness.

In the writ, Mr Cook's lawyer, Peter Cowan, alleges he was exposed
to asbestos dust and fibres at the scenes of fires, while carrying
out maintenance work on fire service property and while using
asbestos blankets and gauntlets to extinguish blazes.

The writ also claims Mr Cook "received no training about the
hazards of asbestos" and he was "not advised and required to use
breathing apparatus whenever he was working in an atmosphere
contaminated with respirable asbestos fibres and dust".

His illness was, Mr Cowan alleges, "caused by the negligence or
breach of statutory duty on the part of Merseyside fire and rescue
service or its predecessors".

Merseyside fire and rescue service's defense to the lawsuit was
not available from the court and the contents of the writ have yet
to be tested in evidence before a judge.

ASBESTOS UPDATE: Deadly Dust on Fiji Government Ships
Tevita Vuibau, writing for The Fiji Times Online, reported that
nine of the 365 vessels surveyed by the Maritime Safety Authority
of Fiji were found to have asbestos in them however, tests of the
asbestos are below 0.01ml and considered safe.  The tests were
carried out by an asbestos technical team made up of officials
from MSAF, the Ministry of Labour and Ministry of Health.

"The asbestos monitoring on vessels was a nationwide exercise with
no individual vessel singled out for this testing and monitoring
exercise," MSAF said yesterday.

"Two tests were carried out in this exercise -- a dust test and an
air test."

Dust tests were carried out where lagging or false ceilings were
tested for asbestos flakes.  If the tests came back positive, an
air sampling of dust measurement would then be carried out to
provide a more complete assessment of the ambient conditions on

"The asbestos testing was carried out in accordance with the IMO

MSAF said the nine vessels that tested positive amounted to 2.2
per cent of the total vessels inspected.

"The Ministry of Labour received the certificate of analysis from
Australia on the level of ACMs, wherein it was confirmed that the
results of the nine vessels tested identified that the
concentration of the ACMs was less than 0.01ml."

"This was deemed to be negligible and considered safe. Therefore,
although the result is negligible and considered safe, vessel
owners are still required to continue with the control measures
stipulated in the IMO Guidelines to eliminate or minimise exposure
and prevent further release of asbestos."

ASBESTOS UPDATE: Work on "The Panorama" Stopped After Fibro Find
Samantha Williams, writing for Kent Online, reported that work on
The Panorama in Ashford, England, has ground to a halt after
asbestos was discovered on site.  Contractors came across the
harmful material in the Park Street development when tearing down
a wall.

Developers Dukelease -- who bought the building in 2008 -- say the
Health and Safety Executive were called in immediately and
recommended that the site close for a week while further checks
are carried out.

David O'Neil, development director at Dukelease said: "Asbestos
was discovered at The Panorama during construction work when an
area behind an existing wall was stripped back for renovation.

"Due to the building's age, it is not unusual that asbestos would
be present.

"Upon discovery we took immediate action to deal with it sensibly.

"We immediately notified the Health and Safety Executive (HSE) who
visited the site on June 12 and recommended that the site is
closed for one week while testing is carried out to ensure there
is no other contamination."

Asbestos is a fire resistant material, which is why it was used
for roofing, flooring, and heat insulation as late as the 1970s,
before the cancer-causing effects of inhaling the fibres were
fully known.

The material was banned in the UK by 1999.

The renovation of The Panorama -- formally known as Charter House
-- began in May last year.  When complete the block will comprise
of 232 one- and two-bedroom apartments over nine floors.  This
includes 14 penthouse suites and eight duplex penthouses.

"We took immediate action to deal with it sensibly" -- David
O'Neil Bosses insist that the week's delay will not impact on the
project's completion date -- which is scheduled for August this
year.  Mr O'Neil added: "Dukelease is a responsible developer and
we are fully co-operating with the HSE to resolve this in the best
possible way.

"There should be no delay in the overall construction programme
for the delivery of The Panorama."

ASBESTOS UPDATE: Fibro Concerns at Disused Petrol Station
Rachel Young, writing for Stuff.co.nz, reported June 16 that
firefighthers were battling a blaze at a disused petrol station
near Templeton, south of Christchurch, in New Zealand.  A Fire
Service spokesman said the fire was at the old Mobil site on
Maddisons Rd, near Kirk Rd.  He said it was unclear what the
building was used for.

There were concerns asbestos was in the roof of the building so
the hazardous materials unit was on site, the spokesman said.
There are no reports of injuries or anyone being inside the
building at the time.  The spokesman said it was too early to say
what the likely cause was.

ASBESTOS UPDATE: Anger After Fibro Waste Dumped on Castle Grounds
Kenilworth Weekly News reported June 16 that owner of land off the
Millennium Walk, in England, has warned families over asbestos
after waste was dumped early in June.  Alan Malik is now in talks
with police after piles of the potentially harmful waste was
dumped down Purlieu Lane near Kenilworth Castle.  The lane, which
forms part of the Millennium Walk, was entered by offenders
sometime last week when the waste was left -- leaving Alan with a
bill of up to GBP1,000 to clear up.

"I am outraged that someone could dump such waste where families
pass close by on a daily basis mindful of the fact that they could
be subjected to the side effects of asbestos," he said.

ASBESTOS UPDATE: Partnership Plan in Linlithgow Delayed
John A. MacInnes, writing for Linlithgow Gazette, reported that an
ambitious plan to revamp County Buildings in Linlithgow, England,
into a partnership hub has ground to a halt.  Delays are set to
thwart Police Scotland's plans to move from its present office in
Linlithgow's Court Square to a new partnership hub in County

The building, which has been vacant since September 2013, was
found to contain asbestos, bringing refurbishment work to a
grinding halt while a report was commissioned from specialist
contractors.  This found that the building contains substantially
more of the deadly material than was originally considered.

A spokesman for West Lothian Council said: "Asbestos is common in
old buildings and the council was aware of the presence of
asbestos in County Buildings.

"However, the extent of the asbestos contained within the building
fabric has only become apparent after extensive and invasive
checks were carried out prior to the refurbishment work
commencing. Given the nature of the work, these checks could only
be carried out when the building was vacant.

"Unfortunately, as a consequence of this development, the project
will take longer than initially planned."

The spokesman added: "Delivering a partnership centre in
Linlithgow remains a key aim for the council and we will
thoroughly investigate all the options that are available to us
before moving forward with the project.

"We are currently undertaking a full review and analysis of the
options available to us. An update on the project will be
presented at the council executive on June 10

"Once we have reviewed the options, we will engage fully with all
stakeholders and members of the community.

"Services for customers will continue to be available at
Linlithgow library so there will be no impact on our ability to
deliver services."

The presence of asbestos in older buildings is not uncommon as the
material was frequently used in the early 20th century as a form
of insulation and means of fire protection.

A spokesman for the Asbestos Removal Contractors Association
confirmed that in the County Buildings the dangerous, and now
highly regulated, material was most likely to have been used for
pipe lagging and wall insulation.

ASBESTOS UPDATE: Mold, Fibro Removed from Kennett Police Dept.
Amber Ruch, writing for KFVS12.com, reported that mold and
asbestos has been removed from the old police department in
Kennett, Missouri, according to Captain Tim Trowbridge.  He said
the police department will not be moving back into the old
facility. This office will be occupied by several other city
employees.  The police department will continue to work out of
City Hall.

In February 2013, the police department had to relocate records
and personnel to City Hall and fire department facilities after
mold forced them to evacuate.

ASBESTOS UPDATE: Neighbors Want Portland to Regulate Fibro
Melissa Binder, writing for Oregon Live, reported that neighbors
in Southeast Portland want the city to make asbestos regulation a
priority after a renovation near Duniway School may have exposed
children to the dangerous material.

A major portion of a house containing asbestos was torn down
across from the school in May without abatement or containment
procedures to protect workers, neighbors and school children.

Neighbors in Eastmoreland say the renovation represents everything
that's wrong with Portland's infill policies.  The city approved a
permit May 6 for Classic Image Homes to transform the 1940 house
into a two-story colonial.

Instances of older homes coming down to be replaced with larger,
newer houses have skyrocketed in recent years, especially in
Southeast Portland. Many older houses contain asbestos, a material
used in construction until around 1980 that can cause cancer or
chronic lung disease. The more older homes come down, the more
Portland residents are at risk for asbestos exposure.

But builders in Portland aren't required to prove that asbestos
has been dealt with before they receive city permits to demolish
or renovate a building.

Neighborhood president Robert McCullough said it is common sense
that proof of asbestos removal (or the material's absence) should
be required before the city issues a demolition or renovation
permit. He hopes to convince the city's Development Review
Advisory Committee of the same thing.

The renovation at 3431 S.E. Rex St. is also an example of why
neighbors should be notified about development projects,
McCullough said. Knowing about this project would have given
neighbors a chance to confirm the builders had taken care of

The neighborhood association has been pushing the city for months
to require that neighbors get advance notice before every
demolition. They also want the city to redefine "demolition" to
include any development project that involves the removal of half
an existing house.

Demolition permits are currently only required when a builder
removes an entire structure, including the foundation.

"The problem is really at the city level," McCullough said. "The
city has lost interest in these nuts and bolts issues."

Neighbors did spark action by a number of state departments
following initial renovation work at the Eastmoreland house, and
asbestos-containing material has been removed.

But the incident highlights a serious problem, McCullough said:
Under the current system for asbestos regulation, enforcement
doesn't kick in until after construction workers and neighbors are

'We're doing the city's job'

The city signs off on development projects, but leaves the
regulation of asbestos up to the Oregon Department of
Environmental Quality. The result, neighbors say, is that
enforcement of asbestos rules doesn't kick in until it's too late.

DEQ requires that an accredited inspector complete an asbestos
survey before any demolition or renovation, and that a copy of
that survey remain on site during any work.  DEQ also requires
builders to notify the state about any plans for asbestos
abatement. Builders must notify the department 10 days before
dealing with friable asbestos, and five days before removing non-
friable material. (Friable asbestos comes apart easily and can be
breathed deeply into the lungs.)

Classic Image Homes fulfilled none of these requirements at 3431
S.E. Rex St. The company received a permit from the city for the
major addition on May 6.

Alex Koval, a co-owner of the company, said he didn't know about
the state's asbestos regulations. The company first registered
with the state in 2011.

"We should have had it checked before we started doing anything at
all," he said. "We didn't know that, and now we do."

It's impossible to know whether neighbors or children at Duniway
School were exposed to the friable asbestos at 3431 S.E. Rex St.,
said Fred Berman, the director of the toxicology information
center at the Oregon Institute of Occupational Health Sciences.

Exposure would depend on minute details, such as which direction
the wind was blowing during the days the asbestos-containing
materials sat in the yard after being torn down. Any exposure
likely would have been small, he said.

Such limited exposure causes next to no risk of lung disease or
cancer, he said. People who suffer those serious side effects work
with asbestos for decades before getting sick.  Neighbors say any
preventable exposure is too much.

Kimberly Koehler, an active member of the Eastmoreland
Neighborhood Association, said the renovation on Rex Street is "an
example of what happens when you leave it up to the developer."

Though DEQ can penalize violators if they're caught, builders
don't need asbestos removal plans approved by the department
before moving forward.  In reality, the department isn't likely to
catch violators unless neighbors complain.

Jason Gilkey, the DEQ's asbestos control analyst for the
Northewest region, said the investigation into the Rex Street
house incident is ongoing and that he cannot disclose what
violations, if any, might be issued to Classic Image Homes.

Koehler said she'd like to see the city step up to help protect
Portlanders from asbestos exposure by requiring documentation of
asbestos abatement before issuing a permit. It's just one extra
box to check, she said.

"The system as it is isn't working," Koehler said. "We're doing
the city's job."

ASBESTOS UPDATE: NY Jury Awards $25MM in Fibro Cases v. Crane Co.
HarrisMartin Publishing reported that a New York jury has awarded
$25 million at the end of a consolidated asbestos trial in which
two former electricians claimed they developed mesothelioma as a
result of exposure to asbestos-containing products.

Jurors in the New York Supreme Court for New York County returned
the verdict June 16 against Crane Co., the lone remaining
defendant in the case. Jurors allocated 9 percent liability to
Crane Co. in one of the cases, and assigned 20 percent liability
to the defendant in the second case.

ASBESTOS UPDATE: Study Says Women More Likely to Survive Cancer
Surviving Mesothelioma reported that a new study of more than
14,000 American mesothelioma patients finds that women are three
times more likely to survive mesothelioma than men are.

Researchers from the North Shore/Long Island Jewish Health System-
Hofstra School of Medicine and Mount Sinai Health System in New
York studied all pathologically confirmed mesothelioma cases in
the national Surveillance, Epidemiology and End Results (SEER)
database between 1973 and 2009. Patients were analyzed by age,
year of diagnosis, race, stage, treatments, gender and other
factors. The team then used the data to assess the association
between the various prognostic factors and survival.

Of the 14,228 malignant pleural mesothelioma cases analyzed, 22%
occurred in women. These women tended to be diagnosed at around
the same cancer stage as men and were offered similar treatment

But, even where the baseline characteristics between men and women
patients were similar, the five-year survival rate among the
female mesothelioma patients was three times better than it was in
men. More than 13 percent of women were still alive five years
after diagnosis while only 4.5% of male patients survived that

"Even when adjusted for age, stage, race, and treatment, female
malignant pleural mesothelioma patients experienced longer
survival than men," writes lead author Emanuela Taioli, MD, PhD,
in the Annals of Thoracic Surgery.

What the study does not answer is why this disparity between male
and female mesothelioma patients exists. In their report, "Women
with Malignant Pleural Mesothelioma Have a Threefold Better
Survival Rate Than Men", the researchers suggest that differences
in asbestos exposure, tumor biology, and the impact of male and
female hormones on mesothelioma growth deserve further

One thing that nearly all mesothelioma patients, regardless of
gender, have in common is a history of exposure to asbestos. The
lower rates of mesothelioma in women are related, in part, to
their historically low numbers in asbestos-exposing jobs. Asbestos
is a fibrous mineral that can lodge deeply in body tissues
triggering chronic inflammation that, in some cases, can become a

ASBESTOS UPDATE: Hope for Canberra Households Dealing With Fibro
ABC News reported that there is new hope for Canberra households
dealing with the Mr Fluffy asbestos threat, with signs the
Commonwealth may help find a solution.

About 1,000 Canberra homes had loose amosite asbestos installed by
insulation company Mr Fluffy in the late 1960s and 1970s.  A
Federal Government program aimed to remove the asbestos between
1988 and 1993.  But residual fibres have since been discovered,
forcing some families to move out of their homes and prompting
calls for the properties to be demolished.

ACT Attorney-General Simon Corbell said the problem pre-dates
self-government, placing an onus on the Commonwealth to help.  The
scale and the complexity of this problem is unprecedented in a
residential environment.  He said talks with the Commonwealth had
picked up.

"The ACT has been for some time now seeking the engagement of the
Commonwealth at both ministerial and officer level," he said.

"There will be further high-level meetings in the coming weeks to
see if we can achieve a joint approach that recognises this is an
enormous legacy issue left by the Commonwealth prior to self-

Mr Corbell said the problem was not something the ACT could
address on its own, particularly if a decision was made to
demolish the homes.

"What we are facing here is a scenario which I don't think any
other urban centre in Australia, and possibly the world, has ever
faced," he said.

"The scale and the complexity of this problem is unprecedented in
a residential environment."

Mr Corbell said there may be more houses with loose-fill asbestos
that were yet to be identified.

"It is a complex and confronting issue for the Government. It is
incredibly confronting and traumatic for the families involved,"
he said.

Yarralumla homeowner's life 'torn apart' by asbestos

Mark Harradine is one resident dealing with the aftermath of the
Mr Fluffy asbestos.  He bought his Yarralumla home in 2010 and was
aware that it had been part of the Commonwealth's asbestos removal

An asbestos management plan was put in place when he undertook
renovations in 2013, but the building work still unearthed loose

"You don't know if you've been exposed or not. It's this dreadful
feeling of your life being torn apart," he told 666 ABC Canberra.

"You may have exposed your children, you may have exposed workers.

"You have no control over the situation and no options."

Mr Harradine said his house was effectively worthless.

"Right now it's very very hard to know where it will end up," he

"We feel it's kind of like a natural disaster. It feels like our
house has been razed by fire or destroyed by flood."

ASBESTOS UPDATE: Parents Fuming Over Fibro Removal at Riverview
Lindsey Enns, writing for Brandon Sun, reported that Riverview
School, in East Sandwich, Massachusetts, was on speed dial for
several concerned parents after they learned a local company would
be removing asbestos from the school while their children were
still inside.

"It's not a job that's going to be done without concerns or safety
issues for your children," said Lynne Bollman, who has three
grandchildren who attend Riverview and called the school to voice
her concerns.  "If something goes wrong, all those kids are in the
school, and why would you risk that?"

The Brandon School Division is replacing a heating system in the
school at a cost of roughly $1.1 million. But in order for the
process to begin, some asbestos tape has to be removed from the
school's ductwork in the crawl space before demolition of the
system can take place.

"In order to accommodate concerns of the public, the work will be
performed outside of regular school hours," a statement posted on
the school's website read.

"Power Vac has performed many projects for the Brandon School
Division in the past with never any problems of asbestos fibres
being released into our schools. The procedure is a Type I
removal, which is the lowest risk removal of asbestos."

But for a parent with two children who attend Riverview, reading
the online post the morning the removal was to take place wasn't
enough notice.

"Their sneaky way of doing it was just putting a post on their
website," said a parent, who asked to remain anonymous. "That is
totally after the fact of people calling in and complaining about

The parent went on to say he wished the school would have informed
parents sooner so they could decide for themselves whether they
wanted to send their children to school.

"If they were doing it during the day, I would not want my kids
there," the parent said. "I don't even think it's proper doing it
after hours."

According to the Government of Canada website, asbestos poses
health risks only when fibres are released into the air.

Due to its valuable reinforcing, insulation and fireproofing
material, asbestos was previously used widely in construction
materials such as insulation board, asbestos cement and floor and
ceiling tiles.

How exposure can affect those who come in contact with it depends
on the concentration of asbestos fibres in the air, how long the
exposure lasted and the size of the asbestos fibres inhaled.

The school division's statement went on to explain that Pinchin
Environmental will be monitoring the work, and performing air
sampling during and after the removal to ensure provincial and
federal guidelines are followed.

The reports will later be forwarded to the division, Riverview and
the division's workplace and safety health officer.

"The decision to proceed with this removal was made in order to
accommodate the very tight schedule to have the new heating system
up and operating prior to the start of the heating season in

Riverview principal Kelly Braun declined comment on the asbestos
removal process when contacted by the Sun.

A school division spokesperson said Supt. Donna Michaels was

ASBESTOS UPDATE: Didcot Parkway Costs Rise After Fibro Discovery
Damian Fantato, writing for The Oxford Times, reported that the
county council of Oxfordshire, in England, will have to spend an
extra GBP1.3m on redeveloping the Didcot Parkway forecourt after
workmen discovered buried asbestos.  Together with unexpected poor
ground conditions, it has led to the cost of the scheme rising to
more than GBP8m.

A planned covered walkway has been removed from the project
because it was not deliverable, as designed, within budget.  That
decision means South Oxfordshire District Council (SODC) is
holding back GBP375,000, which has driven the cost up even
further.  Demolition work on the forecourt redevelopment --
initially priced at GBP6.7m -- started in April 2012.  The
transport hub is being reorganized to make it safer for cars,
buses, cyclists, taxis and pedestrians to use.

A report to the county council's cabinet meeting asked councillors
to agree GBP1.74m of additional funding from their "corporate
capital programme contingencies".  It added a new revised covered
walkway will be proposed at a later date, along with a funding
agreement for it with SODC.

Didcot Parkway is Oxfordshire's second busiest station, with 2.8m
passengers using it in 2012/13 -- compared to Oxford which had
6.3m.  The station is owned by Network Rail and run by First Great
Western but the county council is the highways authority,
responsible for maintaining and upgrading Oxfordshire's roads and
it has put up most of the scheme's funding.

Work inside the station, such as the renovation of the ticket
office, was done by First Great Western and Network Rail.

Di Chesterman, chairman of Didcot Chamber of Commerce, said she is
hoping the work is finished as soon as possible.  She said:
"Obviously it is one of the major arrival points in Didcot and we
are keen to see it finished. It has been a work in progress for so
long now."

"It will make Didcot a much more attractive shopping proposition
for the surrounding villages that have access to us by train but
at the moment the chaos surrounding the forecourt is a little off-

The county council was asked how much asbestos had been found,
what type it was and where it had come from but did not comment.

First Great Western, which runs the station, declined to comment
saying the contract is the county council's.

A spokesman for SODC said: "As part of normal procedures, we have
to review any changes to the plans, including the relevant new
costs, materials and designs.

"We see no reason why the new plans won't be suitable to receive
previously committed funding, but it's necessary and prudent to

Despite the asbestos find, the project is on schedule to be
completed by late autumn this year.

ASBESTOS UPDATE: Fibro Stalls Library Demolition in Montana
Chris Cioffi and Darrell Ehrlick, writing for Billings Gazette,
reported that in addition to a dispute between the demolition
contractor and a subcontractor hired to tear down the old library
in Billings, Montana, the city confirmed asbestos has been
discovered in more areas, leading to oversight and testing by the
state Department of Environmental Quality.

"This demolition has been full of surprises," said Jackson
Contractor Group Vice President Greg Hebner. Jackson Contractor
Group is the general contractor for the demolition.

One of those surprises was when a subcontractor's construction
equipment went through a floor of the building. Hebner said the
equipment went through the floor when the subcontractor deviated
from the work plan.

Billings City Administrator Tina Volek said no one was injured.
Hebner declined to say what kind of equipment went through the
floor.  Volek also confirmed that asbestos had been found in two
other parts of the building not identified by inspectors when
demolition began.

The DEQ was tipped off on April 14 to the presence of asbestos by
Bruce Ingraham, an asbestos abatement contractor not associated
with the project.  Work at the site was stopped soon after, and
DEQ inspectors were sent to the work site to investigate. In any
permitting application for asbestos abatement, an inspector is
required to inventory all materials in the building, testing them
for asbestos.

In the pile of debris that had already been removed from the
building, a DEQ investigator found eight types of materials that
did not appear on the inventory list, said Larry Alheim, the
enforcement specialist in charge of the inquiry.  The inspector,
the City of Billings and Jackson were unaware that the asbestos
was still in the building, Alheim said.

After testing the materials, two were shown to contain asbestos,
according to a letter sent to Jackson, L & M Excavating and The
Billings Public Library by Alheim on June 5.  The letter also
outlined steps that must be taken to remove the debris already
demolished but still on-site and how to remove materials
containing asbestos.

A plan to remove asbestos was submitted to the DEQ, and if all
plans check out, work could resume as soon as possible.  However,
removal of the debris will likely add time, costs and work.
Contractors will have to keep debris piles wet while they remain
on the site, and those piles will have to be moved in trucks with
beds lined in plastic so no other materials are contaminated in
the moving process.

The land the old library sits on is scheduled to be a parking lot
for the new library. And demolition materials had been slated for
infill material for the new parking lot. Instead, the city will
use gravel as infill, at an additional cost.

Hebner said he remains hopeful the project can still be completed
by October, but said for now all work at the site has stopped
until the DEQ says it can resume and until a new demolition plan
can be worked out with the subcontractor.

Additional cost and timelines are still being negotiated and are
both unknown, city officials said.  The city planned to have the
library project Plantinum LEED certified for recycling most of the
building materials from the old library building. However, because
material will have to be removed because of asbestos concerns, the
project may switch to a Gold LEED certification.

ASBESTOS UPDATE: Plumber Convicted in Illegal Fibro Removal
CBS Boston reported that a Worcester-area plumber has been found
guilty of child endangerment for having a teenage worker remove
asbestos insulation without proper precautions.  Prosecutors said
43-year-old Daniel Watterson violated a number of environmental
and labor regulations when he told the teen to get rid of two old
boilers covered in asbestos at a home in Worcester in 2008.

The teen was not certified, was not wearing protective clothing
and had no respirator or protective equipment during the job.
Prosecutors say the boy also failed to wet the asbestos before
removing it from the boiler and pipes, so it wouldn't spread
through the air.  Instead, he ripped the insulation and chipped it
with putty knives.  The asbestos-covered boilers were then smashed
up with a sledgehammer and thrown in a regular trash dumpster.

This is the first use of the child endangerment statute in an
asbestos case, according to Attorney General Martha Coakley's

Watterson was also found guilty on three charges of violating the
Massachusetts Clean Air Act for failure to file notices of
asbestos removal with the Massachusetts Department of
Environmental Protection, improper removal of asbestos-containing
material, and improper disposal of asbestos-containing materials.

Watterson operates under the business names "The Clog Specialist,"
"Dan the Heating Man," and "DW Plumbing & Heating."

His sentencing was set for July 3.

Watterson will also be sentenced that day for a 2013 conviction
for larceny over $250 of a victim over sixty years of age and
larceny over $250 by false pretenses.

ASBESTOS UPDATE: ACT Starts Talks With Families Affected by Fibro
Primrose Riordan, writing for The Canberra Times, reported June 18
that ACT Chief Minister Katy Gallagher has offered new hope to
victims of the Mr Fluffy asbestos scandal, saying talks had begun
with the Commonwealth government.

Ms Gallagher told an Assembly hearing that people's lives had been
"turned upside down" after discovering that the dangerous
insulation might remain in their homes, and that a fresh "stand-
alone" response was needed from the government.  The government is
expected to make a statement on the issue. A spokesman for
Attorney-General Simon Corbell confirmed the impending
announcement but would not give further details.

Ms Gallagher said "urgent responses" were needed for some families
who had to leave their homes, and she was concerned about the
"disruption and dislocation that's caused".

In April the head of the Asbestos Safety and Eradication Agency,
Peter Tighe, called for the 1050 homes suspected of containing
loose amosite asbestos installed by Mr Fluffy between 1968 and
1978 to be demolished.  Mr Corbell's office confirmed he had
written to senator Eric Abetz, spurred on by Mr Tighe's

"Recently, there have been officer-level discussions between the
ACT Office of Industrial Relations and the Commonwealth Department
of Employment and Safework Australia about developing a joint
approach," Mr Corbell's spokesperson said. Mr Corbell has so far
dismissed calls for a mass demolition of the Mr Fluffy houses,
saying it would be prohibitively expensive.

The comments are a departure from the government's response
earlier this year. In February the ACT government wrote to Mr
Fluffy home owners but did not include information on health
dangers of inhaling fibres or any offers of support for those
forced from their homes.

Ms Gallagher said the issue had become a priority for the
government and was a growing issue for the territory. "There's no
doubt for me that asbestos has been a long-term thing for this
city and the fact that we know more today than we knew a year
ago," Ms Gallagher said.

Since the hazardous material was installed into Canberra homes
before ACT self-government, Ms Gallagher said she was hoping the
federal government would now recognise it as a shared

"What we're learning from the Mr Fluffy homes increasingly
confirms the need to have the Commonwealth there and at the table
with us," Ms Gallagher said.  She said the government was looking
at the legacy left by both loose-fill asbestos and contaminated
land. "There's no doubt in 1989 people [did not understand]
exactly what that legacy entailed or indeed how much of that stuff
is buried in the ground," Ms Gallagher said.

The February letter advised residents to leave internal wall or
sub-floor spaces alone and get their houses assessed for any
migration of fibres into living areas. Mr Corbell has so far
refused to reveal a list of affected homes.

It is believed residents' advocacy group Fluffy Owners and
Residents Action may be considering a class-action to address
financial losses caused by the installations.

ASBESTOS UPDATE: Body Powder Doesn't Need Fibro to Be Harmful
Gordon Gibb, writing for Lawyers and Settlements, reported that
the Johnson & Johnson body powder lawsuit filed by a California
woman opens a window of insight into the sometimes murky area of
medical and hygienic products, including what's in them. And
sometimes the reality of potential risk for harm from a so-called
heritage product flies directly in the face of our perception of
something heretofore regarded as completely safe and effective.

The class action launched in California at the end of April by
plaintiff Mona Estrada -- and other lawsuits similar to hers --
has served to reveal an allegedly sinister side of a product that
before now has always been held in the highest regard and totally
beyond reproach: Johnson's Baby Powder - a heritage talcum powder
product used for generations not only for a baby's bottom, but by
women as a preferred and revered product for personal hygiene.

In Estrada's case, she had been using Johnson's Baby Powder for
genital hygiene on a daily basis for 60 years or more. There was
never any indication, Estrada holds, that talcum powder, which
forms the basis for Johnson's Baby Powder, has been associated
with a 33 percent risk for ovarian cancer when used by women on
their genitals.

Studies have been inconclusive. Some have pointed to an ovarian
cancer risk, whereas others have not. The US Food and Drug
Administration (FDA) maintains a habit of fence-sitting when
studies are inconclusive in such fashion. However, a reference by
the American Cancer Society that talcum powder "probably"
increased the risk for ovarian cancer is enough to leave women
aghast at the potential and possibility of a link between body
powder and cancer.

Estrada notes that over the 60-plus years she has faithfully used
Johnson's Baby Powder, she has seen the product label change over
time. But there has never been any reference to even the
possibility of ovarian cancer in concert with the use of talcum
powder on female genitalia. Her position is, if it's a
possibility, then it should be on the label and consumers should
be allowed to know.

There are other worrisome and curious aspects of the talcum powder
story, and any body powder lawsuit stemming from the use of talcum
powder. Talcum powder at one time contained traces of asbestos.
Prior to 1970, a lot of products did, and talcum powder was no
different. However, as society began to catch on to the
carcinogenic risks associated with asbestos, the formulation for
talcum powder was changed and any traces of asbestos were removed.

However, the removal of asbestos from talcum powder has not
stemmed the tide of litigation. The typical talcum powder lawsuit
is based upon asbestos-free talcum powder. In other words, talcum
powder does not appear to require asbestos to pose a risk for
ovarian cancer in association with use for female hygienic
purposes. Talc, it seems, can pose that risk all by itself.

ASBESTOS UPDATE: Fibro Removal Part of Kroger Remodel, Expansion
Michael Reschke, writing for Herald-Times, reported that a
specially licensed contractor has been brought in to remove
asbestos as the east side Kroger, in Indiana, is remodeled and
expanded, but the Kroger company doesn't think customers should be

"Numerous stores in the area have gone through this process," said
Ron Seay, asset protection manager for the Indianapolis division
of Kroger.

Seay said there is asbestos in the adhesive that holds down the
floor tiles, but the contractor, SSI Services LLC out of
Indianapolis, has a special process that doesn't cause the
asbestos to become airborne, which is when it becomes dangerous.

Asbestos is a mineral fiber that occurs in rock and soil,
according to the United States Environmental Protection Agency's
website. It has been used in a variety of construction materials
and fire retardants because of its fiber strength and heat

Asbestos has been used in a variety of building materials, such as
roofing shingles and floor tiles. During demolition, asbestos
fibers can be released into the air. Exposure to those particles
can cause health conditions like lung cancer, mesothelioma and

David Miller, general manager with SSI Services, said the black
mastic used to hold the tiles to the floor contains about 2
percent asbestos. However, he said, there's not much potential for
the asbestos to be released into the air.

"For the fibers to be released, it would have be pulverized to
dust," he said. "That's not going to happen with glue. It doesn't
crumble and turn to dust."

Miller said the process for removing the glue is simple. He said a
solvent is used to break down the black mastic so it can be
scraped into a pile. It is then mixed with cellulose, which dries
up some of the liquid, creating something similar to a mud ball.
That makes it easier to transport to a landfill that can accept
construction debris.

Miller said SSI Services requires employees to wear respirators,
but it's more for insurance purposes in this situation.

"Asbestos is only dangerous to you if it's in the air and you
breathe it," he said.

Dan Goldblatt, spokesman for the Indiana Department of
Environmental Management, said he's not familiar with the specific
process being used at Kroger, but in general, keeping asbestos wet
prevents it from getting into the air. The Department of
Environmental Management issues licenses to asbestos abatement
professionals, who are required to follow a number of safety
procedures, he said.

While the removal is taking place, the entire store is closed to
the public and the area being remediated is roped off, Seay said.
Kroger employees are in the building during the removal, but
Miller said they are safe from asbestos exposure, even though
they're not wearing the same protective equipment as SSI Services

"Sure they are, otherwise we wouldn't be doing it that way," he

Miller said SSI Services takes air samples every night. He said
his company has done the same process in 12 stores and there has
never been a single asbestos fiber on one of the air monitors.

The asbestos removal, which shouldn't take more than three weeks,
is just one part of a larger expansion set to be complete by early
2015, Seay said. The store is expanding into a retail space that
it owns between its current space and Hobby Lobby. Kroger will not
be taking over the space currently occupied by Hobby Lobby, he

The expansion will include a larger retail section, a greater
variety of organic fruits and vegetables and a larger floral
section. The beer, wine and liquor shop will be larger as well.

When everything is complete, the store at 1175 S. College Mall
Road will be the biggest store in the Indianapolis division, Seay

ASBESTOS UPDATE: Fibro Atty Suspended Over Explicit Texts
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that asbestos plaintiffs attorney John Daniel Mismas of the Mismas
Law Firm has been suspended from practicing law in the state of
Ohio after he was found to have sent sexually explicit and
inappropriate text messages to a law student employed with his
firm in December 2011.

The Lake County Bar Association filed the complaint against
Mismas, whose firm handles other personal injury matters in
addition to asbestos cases, on June 11, 2012, before a probable-
cause panel of the Board of Commissioners on Grievances and
Discipline. Earlier this year, Mismas was local counsel for a
Cleveland-area man who alleged secondhand asbestos exposure and
helped secure at $27 million verdict.

The board found that Mismas engaged in conduct that adversely
reflected on his fitness to practice law by sending inappropriate,
sexually explicit text messages to a law student and clerk at the
Mismas Law Firm.

The panel recommended that Mismas be publicly reprimanded for his
actions, which was adopted by the board. The recommendation was
then sent to the Ohio Supreme Court on Oct. 9, 2013.

"[W]e find that Mismas did not just send sexually explicit text
messages to a law student he sought to employ -- he abused the
power and prestige of our profession to demand sexual favors from
her as a condition of her employment," the court wrote.

Therefore, the court suspended Mismas from practicing law for one
year, with the final six months stayed on conditions, concluding
that a harsher punishment than the board's recommendation was

The Ohio Supreme Court filed the slip opinion, which is subject to
revision before it is formally published in an advance sheet of
the Ohio Official Reports.

Justices Maureen O'Connor and Paul Pfeiffer delivered the opinion
with justices Terrence O'Donnell, Judith Ann Lanzinger, Sharon
Kennedy, Judith L. French and William O'Neill concurring.  They
found that Mismas, who has been practicing law since 2004,
violated the Prof. Cond. R 8.4(h), which prohibits a lawyer from
engaging in conduct that adversely reflects on the lawyer's
fitness to practice law.

In November 2011, Mismas contacted J. Dean Carro, a professor at
the University of Akron School of Law, seeking to hire a student
law clerk.

Mismas contacted a woman referred to in the opinion as "Ms. C," a
third-year law student, and scheduled a face-to-face interview for
Dec. 9, 2011.

Immediately following the interview, Mismas and Ms. C exchanged
numerous text messages until Dec. 28, 2011.

A number of those messages, the court found, were sexually
explicit and inappropriate.

Despite the inappropriate communication, Ms. C accepted employment
with Mismas's firm on Dec. 11, 2011.

"Although the conversation began with a general discussion of Ms.
C's commitment to Mismas's primary area of practice -- asbestos
litigation -- and the psychological toll that the clients'
circumstances can have on those who assist them, it soon took an
inappropriate turn," the court wrote.

Mismas' inappropriate communication began when he advised Ms. C
that she would "need to take a few beatings" before she could
learn to give one. He then rephrased his statements into sexual
terms and asked Ms. C if she had ever engaged in the sex act he
referenced, the opinion says.

She told him to stop sending inappropriate text messages and
reiterated that they were only speaking metaphorically. However,
Mismas insisted he was serious, the opinion says.

After refusing to answer the question a second time, Mismas told
her that there needed to be able to trust each other, saying, "If
you can't trust me with personal issues then that's a problem."

He later told her that he was just testing her and stressed the
importance of honesty and loyalty. He added that he was, "Just was
checking how offended you would get. This job is not for the

Then just before midnight, Mismas started quizzing Ms. C about an
arbitration agreement she was reviewing.  However, Mismas turned
the conversation back to loyalty, asking how he could ensure Ms. C
would be loyal to him.  He told her, "I have an idea but your not
going to like it." He added that she would "bolt" if he told her
his idea.

She reassured him that the conversation had already been taken
"pretty far" and that she had not bolted, the court wrote.

Then Mismas suggested that she perform a sex act for him.

Ms. C rejected his request, but he refused to drop the issue.  She
eventually told him to stop and asked him to admit that he was
joking, but he refused and told her that her employment depended
on her compliance, telling her, "If you show up at 11 you know
what's expected," the opinion says.

He added, "So it's your choice. OK. I'll be there at 11. If you
show up great. You know what you gptt. GoTta do. If not Good luck
to you."

Ms. C urged him one last time to admit that he was joking, but he
replied, "Nope. Not kidding."

The next morning, Mismas texted Ms. C, claiming his statements
from the night before had just been a joke. He apologized and
promised it would not happen again.

Then on Dec. 22, 2011, Mismas invited Ms. C to travel with him to
Washington, D.C. on business for an out-of-town deposition.  She
rejected the invitation saying she had a prior commitment to a
judicial function.

Mismas responded by belittling her for rejecting his invitation,
the opinion says.  Furthermore, he pressured her to go by
suggesting that her refusal would have adverse consequences on her
employment, the opinion states.  Mismas sent a text stating,
"That's strike 1 for you. Three strikes and you are out."

Ms. C resigned her employment the next day.

Carro inquired about Ms. C's employment with Mismas when the
student told her of the inappropriate texts and that she felt
uncomfortable continuing her position there.  Carro then filed a
grievance with the Lake County Bar Association.

In February 2012 testimony, Mismas admitted that he was an
alcoholic and insisted that the inappropriate messages sent to Ms.
C were meant in jest, the opinion states.

"He claimed that he had been drinking heavily at the time he sent
the sexually explicit texts and that he had no memory of actually
sending them," the court wrote. "Viewing the texts in retrospect,
he said that he was embarrassed by his conduct and referred to it
as 'disgusting and grotesque.'"

The panel and board found that Mismas had shown "genuine remorse"
for his misconduct and was taking the necessary steps to avoid
engaging in similar misconduct in the future, the opinion states.

Marilyn Wise, a license independent chemical-dependency counselor,
testified that Mismas began treatments with her in March 2012.
She said Mismas completed the approved treatment program and
continued to regularly attend Alcoholics Anonymous meetings.

The court was unconvinced by Mismas' efforts to rectify the
consequences by attending AA meetings and undergoing treatment
with Wise.

"While the record contains substantial evidence of the efforts
that Mismas has taken to rectify his alcoholism, his alcohol
dependency is a contributing cause rather than the consequence of
his misconduct," the court stated.

Furthermore, Ms. C testified that after resigning, Mismas became
hostile, put her down for being na‹ve and threatened to contact
her professors to "tell them what a stupid decision she had made,"
the opinion states.

"His brief apology to her at the panel hearing and his efforts to
have her testimony placed under seal to protect her from future
harm, although appropriate, do little to meliorate Ms. C's
anxiety, embarrassment, frustration, disappointment and fear of
harm to her professional reputation," the court wrote.

Wise further testified that Mismas has "an excellent prognosis of
continued sobriety and healthy mental status and should continue
unimpeded, the work of the exceptional attorney that he is."

As a result, the only aggravating factor found by the panel was
the vulnerability of and resulting harm to Ms. C, the opinion

"The board, however, rejected the panel's finding that the absence
of a dishonest or selfish motive was a mitigating factor and
instead found that Mismas had acted with a dishonest or selfish
motive that qualified as an additional aggravating factor," the
court wrote.

Citing multiple mitigating factors and only one or two aggravating
factors, the panel and board recommended the court adopt the
parties' stipulated sanction of a public reprimand. The court
rejected, saying Mismas engaged in "undignified and unprofessional
conduct" by targeting an employee for sexual harassment.

"Legal clerkships play an important role in developing the
practical skills necessary for law students to become competent,
ethical ad productive members of the legal profession," the
opinion states.

The opinion added that skills, relationships and reputations
developed during clerkships and similar entry-level positions help
open doors to law students' first full-time legal position after

"These first jobs can set the course for a new attorney's entire
legal career," it continued. "Attorneys who hire law students
serve not only as employers but also as teachers, mentors and role
models for the next generation of our esteemed profession. To that
end, we expect that attorneys will conduct themselves with a level
of dignity and decorum befitting these professional relationships.

The court further stated that while unwelcome sexual advances are
unacceptable in any situation, it is especially appalling when
made by an attorney with the power to hire, supervise and fire the

In this case, Mismas made the inappropriate advances and then
continued to indicate that her employment depended on her
compliance with his demands.

"And even after being rebuffed, he continued to exert his leverage
over Ms. C by pressuring her to travel out of state -- and away
from her support system -- with him," the opinion states.

The court held that such actions goes beyond causing harm to Ms.

"When an attorney engages in sexually inappropriate conduct of
this nature, it causes harm not only to the individual to whom the
conduct is directed but also to the dignity and reputation of the
profession as a whole," the court wrote. "Thus, we conclude that
Mismas's conduct is more serious than 'simply operating a
cellphone when under the influence,' as his counsel suggests, or
sending sexually explicit and inappropriate text messages, as the
board found."

Ultimately, the court concluded that more than a public reprimand
is necessary to protect the public from future misconduct.

As a result, the court suspended Mismas from practicing law in
Ohio for one year, with the last six months stayed "on the
conditions that he engage in no further misconduct and continue to
comply with all recommendations of his treating medical and
psychological professionals."

ASBESTOS UPDATE: NY Resident Says Abatement Project Mismanaged
Kiawana Rich, writing for silive.com, reported that an asbestos
abatement project at the Todt Hill Houses, in New York, is
concerning at least one resident who believes that the material is
not being adequately contained or removed.  The resident, who
contacted the Advance, said they reached out because they didn't
like the process of how the asbestos was being removed and
believed the material is somehow getting airborne.

"I have bronchial asthma -- I can't breathe this," said the
resident, who, due to fear of retaliation, asked not to be

But the New York City Housing Authority (NYCHA) disputes the
charge and said all the rules for asbestos abatement are being

The asbestos abatement is part of a larger renovation project
being done by NYCHA, said the spokesperson. The project is being
done at building no. 4, 263/247 Westwood Ave.; building no. 5,
231/235 Westwood Ave., and building no. 1, 773/761 Manor Rd., of
the Todt Hill Houses.

The overall contract also includes removal and replacement of the
existing roofing system, masonry repairs, sidewalk sheds, and
fence protection.

The resident remains concerned.

"I have asthma, I have high blood pressure, and I have heart
problems and I just know from reading up on it that asbestos is
bloodborne and airborne and I can't understand how they let this
building get so bad," said the resident.

The resident said they noticed workers taking the material down
from the roof, where the project is being done, then down a
staircase that leads to residents' floors. From there, it is taken
onto the elevator and brought outside via the building's front
door, where residents enter and leave.

Although the material is in bags, the resident believes it is
still not being properly contained and residents are being exposed
to airborne particles, dust and dirt.

The resident said the floors are covered with brown paper and the
elevator is covered in large quilts --- items believed to offer no
protection from the asbestos.

"It's still airborne and I'm still breathing it in," said the

NYCHA says not so.

"Asbestos abatement is highly regulated and involves many
environmental and occupational protocols, all scrupulously
followed by NYCHA.  All abatement work is performed by a licensed
contractor and monitored by a licensed third-party firm that
collects air samples and visually assesses the work area to make
sure all work is conducted in compliance with applicable
regulations. Asbestos is removed from the site in sealed
containers per regulations and kept away from the public," said a

A review of portions of a building by the Advance, showed simple
brown paper taped to the floors and blue quilting placed inside
elevators.  Because it is malleable and heat-resistant, asbestos
was widely used in construction until studies found that prolonged
inhalation of airborne asbestos fibers and dust was linked to
respiratory ailments, including cancer. Asbestos-related
illnesses, which attack the respiratory and digestive systems, are
caused by exposure to airborne asbestos -- typically over time.

"We understand that to the untrained eye some aspects of the work
that do not include removal of hazardous materials may be confused
with actual abatement," said the spokesperson. "Rest assured,
however, that at this and all NYCHA job sites, safety is a
priority, as is the full protection of our residents and labor

The complainant isn't convinced, noting that their asthma has
gotten worse and they seem to be getting sicker with more frequent
trips to the doctor.  The resident said that the material should
be taken outside and brought down via a chute, which would be
safer for residents, but claims they were told by one worker that
would cost extra money.  In addition, the resident said that
asbestos material being removed from a recreational/community
center -- where children often play -- was also not adequately

"There's two ways out of the rec center, but they are bringing it
out the front door," said the resident.

The resident claims other residents are also reporting more ill

"I'm glad they are fixing it," said the resident, of the work. "It
needs to be done, but the fact is you have to think about the
people who live in this building too."

NYCHA said they anticipate the work to be completed by fall.

ASBESTOS UPDATE: Canberra Real Estate Agents Face Fine
ABC News reported that Canberra real estate agents have been
warned they could be fined if they fail to fully advise potential
buyers of homes affected by Mr Fluffy asbestos.

Some 1,000 Canberra houses had loose amosite asbestos installed by
insulation company Mr Fluffy in the late 1960s and 1970s.  A
Federal Government program aimed to remove it between 1988 and
1993, but residual fibres have since been discovered in some of
the homes.

The ACT's Real Estate Institute chief executive Ron Bell told 666
ABC Canberra that agents faced fines of up to $1.1 million if they
did not fully disclose the asbestos status of a home.  He said
agents needed to understand their obligations and he was working
to have new disclosures added to sale contracts.

"We've commissioned lawyers to prepare a whole list of questions
and statements that agents will ask in their property management
agreements and their sale agreements to say 'Do you know if this
has been a Mr Fluffy house? Has asbestos been removed?'," he said.

"These questions will be incorporated into agreements in the very
near future."

Mr Bell said it was then up to the vendor to say yes or no.

"The 1,049 homes have a certificate. But the certificate really
doesn't go far enough," he said.

"If you've got that certificate and you know it's one of those
homes, then you have a duty of care to disclose that, if it's on
the market, to those coming through."

List of Mr Fluffy houses will not be released

Mr Bell has called on the ACT Government to make the list of 1,049
affected homes available to agents.

But the Government has refused.

"The reason we won't is that many of the property owners do not
wish their properties to be publicly known as Mr Fluffy
properties," Attorney-General Simon Corbell said.

"But what we do need to do is make sure that people who are
working in those properties are aware of the asbestos risks, and
the Government is looking now at ways to require householders to
disclose that information."

The loose-fill asbestos has forced some families to move out of
their homes, and there have been calls for the buildings to be

Mr Bell said the presence of asbestos would affect a property's
price, but would not render it worthless.

"There are management plans that should be able to be put in place
so people can live happily in their property," he said.

Mr Corbell said he hoped the Commonwealth would help the ACT
Government find a solution to the asbestos problem.  He said he
would announce new measures to help affected households and ensure
the safety of tradespeople working on so-called Mr Fluffy homes.

"It's about making sure the properties are appropriately
identified, property owners take the appropriate steps and have
legal duties in that respect, and that tradespeople are better
educated about being able to identify loose-fill asbestos should
they come across it," he said.

ASBESTOS UPDATE: NZ Firm Refuses Refund After False Fibro Result
Cecile Meier, writing for The Press, reported that a Christchurch,
New Zealand, company is refusing to refund a homeowner after
providing a false negative asbestos test result.

WorkSafe New Zealand confirmed it would make "further inquiries"
about the company as false negative results meant homeowners and
workers might have been exposed to asbestos risks.

Lynley Sutherland hired International Construction Partners
earlier this year to do an asbestos test in her Avondale
property's lounge. The Earthquake Commission (EQC) had told her
she was going to receive a cash settlement, and she did the test
to confirm the cost assessed by EQC. The test came back negative.

During that time, EQC put her claim in the home repair programme
after all and told her Fletcher EQR would undertake the repairs.
EQR sent another contractor to do asbestos tests in the rest of
the house for safety reasons. They all came back positive, so they
decided to retest the living room. That test came back positive

Sutherland asked International Construction Partners for a refund
of the first test which had come back with a negative result.  She
said the company refused to give her a refund and instead offered
to do another test. She told them this was of no value to her as
EQC had already done the test and she asked again for a refund.

"If EQR had not done a second test, I could have exposed myself or
workers to asbestos risks. This is unacceptable and the least they
can do is to give me a refund," Sutherland said.

International Construction Partners, which is also an EQR
accredited contractor, declined to comment when contacted by The

Ministry of Business, Innovation and Employment Consumer Issues
senior adviser Joanne Kearney said consumer rules required that
"services must be supplied using reasonable skill and care".

Based on the information provided, Sutherland had an argument that
the service had been a substantial failure, Kearney said.

"There is, in this case an argument that the failure cannot be
remedied by a retest, because the test was for the purpose of
gaining data to inform a decision to accept the offer from EQC."

ASBESTOS UPDATE: Man Names 74 Defendants in Fibro Suit
Kyla Asbury, writing for The West Virginia Record, reported that a
man is suing 74 companies he claims exposed him to asbestos and
caused him to be diagnosed with lung cancer.

AsbestosDoorWilliam A. Williams was diagnosed with lung cancer on
Dec. 4, 2012, according to a complaint filed in Marshall Circuit
Court.  Williams claims over the course of his lifetime, he worked
at various construction sites and was exposed to asbestos dust.

During the time that Williams was exposed to products of various
defendants, the products reached his job sites without any
substantial change in the condition of the products from the time
they were sold, used or distributed by the defendants, according
to the suit.

Williams claims the defendants failed to warn him of the dangers
of the products when they knew or should have known that exposure
to the asbestos-containing products would cause disease and
injury.  The defendants also failed to take reasonable precautions
to warn Williams of the dangers to which he was exposed when the
defendants knew or should have known of the dangers, according to
the suit.

Williams claims the defendants failed to exercise reasonable care
to warn the plaintiff of the dangers to which she was exposed by
use of the asbestos-containing products and other ingredients in
the defendants' products.  The defendants' actions were malicious,
willful and wanton misconduct and were done with a complete
disregard for the safety and rights of others, according to the

Williams is seeking compensatory and punitive damages with pre-
and post-judgment interest.

He is being represented by Leslie Ann James of Hartley & O'Brien

The 74 defendants named in the suit include Air & Liquid Systems
Corporation, American Optical Corporation, Atlas Industries Inc.,
Aurora Pump Company, Bayer Cropscience Inc., Beazer East Inc.,
Brand Insulations Inc., CBS Corporation, Catalytic Construction
Company, and Certainteed Corporation.

Marshall Circuit Court case number: 14-C-77

ASBESTOS UPDATE: Simmons Law Firm and Hanly Conroy to Merge
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that asbestos law firm Simmons, Browder, Gianaris, Angelides &
Barnerd LLC is merging with the New York law firm Hanly, Conroy,
Bierstein, Sheridan, Fisher & Hayes LLP, meaning the new firm will
have offices stretching from the west coast to the east coast.

The firms announced the merge on June 4. The merge was to take
effect on July 1.

The new firm will be called Simmons Hanly Conroy and will continue
to represent "victims of corporate wrongdoing," a press release

Offices for the new firm will be located in New York, San
Francisco, Los Angeles, Chicago, St. Louis and Alton, Ill.

"The merger gives us a New York office, expands our attorney depth
and creates a streamlined practice with centuries of litigation
experience," Chairman John Simmons stated in a press release.
"Together, we are positioned as a dominant national leader in
asbestos, mass tort and complex litigation matters, and we are
especially pleased that Jayne Conroy will continue her leadership
role as a named shareholder in the merged firm."

Simmons and Hanly Conroy have been co-counsel partners for over a
decade in products liability litigation. Cases the two have worked
together on include OxyContin, Chantix, Yaz and Toyota unintended
acceleration lawsuits.

"Hanly Conroy and Simmons have worked together on pharmaceutical
and other mass tort litigation for more than a decade, bringing
justice and compensation to thousands of victims of corporate
misconduct," Hanly stated in an email. "The extensive federal
court experience of Hanly Conroy lawyers coupled with the highly-
skilled, ambitious and numerous mass tort lawyers of Simmons will
make for a powerful force for such victims nationwide."

The Simmons firm was founded in 1999 by John Simmons and employs
60 attorneys and 150 professional support staff spread among five
offices. The firm focuses on mass tort litigation, namely
asbestos, dangerous drugs and medical devices, intellectual
property infringement, environmental litigation, consumer
protection and contingent fee commercial litigation

Hanly Conroy was founded in 2002 by Paul Hanly and Jayne Conroy.
The firm operates out of New York and employs nine attorneys. The
firm has assumed leadership roles in high profile, complex
litigation of national scope, such as the Sept. 11 litigation and
Pinnacle hip replacement litigation.

"The firm's extensive federal court experience and national
resources will be a winning combination for clients and position
us to not only evolve but thrive in an ever-changing, competitive
legal marketplace," Hanly stated in the press release.

Simmons will continue as chairman and Michael Angelides will serve
as managing shareholder.

Perry Browder will continue to manage the firm's asbestos
department. Hanly will oversee the firm's complex litigation

Simmons shareholders Ted Gianaris and John Barnerd will also
continue to serve in management roles.

"The name on the door has changed over the years, but this firm
has never been about any one person," Simmons stated. "It's always
been about doing what's right for our clients. That will never

Requests for comment from the Simmons Law Firm went unanswered.

ASBESTOS UPDATE: Toxic Dust Found at Northey Street City Farm
Courier Mail reported that the city council in Brisbane,
Australia, has closed the Northey Street City Farm ahead of its
huge Winter Solstice celebrations after finding asbestos.

Council advised demolition waste had been found on the site and it
would be temporarily closed to the public, but the markets are
expected to continue as normal.

Northey Street City Farm farming team manager Dick Copeman said
the Winter Solstice Festival -- expected to attract about 2000
people -- would go ahead on a "modified basis in the car park
adjacent to the farm."

Mr Copeman said without prior notice, council shut down 3.5 acres
of the site with fencing after the discovery of demolition waste,
including asbestos and possibly heavy metals.

The discovery was made during a BCC inspection related to an
approved development of a picnic shed on the site; Mr Copeman said
NSCF was cooperating with BCC in the investigation and management
of the demolition waste.

Mr Copeman said NSCF, which has been at the site for 20 years, was
aware there was small amounts of asbestos there but it was
managing it as advised by the State Government; he said the soil
had been tested in the past and no contamination with hazardous
materials or chemical residues was found.

Mr Copeman said the NSCF site co-ordinator was trained and
experienced in the management of hazardous materials and was
educating staff and volunteers to ensure that it was managed
appropriately, in accordance with health and safety regulations.

"Our advice is that there is minimal risk from the small amounts
of waste as long as they are handled appropriately and that there
is no risk of contamination of the food grown on site," he said.

"For some reason or another council have come in now.

"It could be closed to the public for up to a month.

"It will have an enormous impact on the whole organisation."

Northey Street City Farm's Winter Solstice part is one of the
major events on their calendar and draws crowds of up to 2000
people, with permaculture activities, lantern building, fire
twirling and circus workshops.

Mr Copeman said the planned bonfire and garden-based activities
would not happen.

The Northey Street Organic Markets will continue to be held in the
carpark, but the Edible Landscapes nursery will be closed for

Council would not provide any further details.

ASBESTOS UPDATE: Trial Judge Influenced Jury on Damages Award
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that the Supreme Court of Mississippi has remanded an asbestos
lawsuit, ruling the punitive damages award was improper because
the trial judge influenced the jury when he asked them to clarify
their verdict.

Justice Leslie D. King delivered the opinion of the majority with
Justices Ann H. Lamar, James W. Kitchens and David A. Chandler
concurring. Justices Jess H. Dickinson and Josiah D. Coleman
concurred in part and dissented in part, joining each other's
separate opinions.

Union Carbide Corporation filed the appeal after a Mississippi
jury returned a verdict in favor of claimant Russell E. Nix, Jr.,
as executor of the estate of Russell E. Nix, Sr.

Nix, Sr., filed the original lawsuit after being diagnosed with
mesothelioma, claiming inadequate warnings. The jury awarded him
$250,000 in compensatory damages and $500,000 in punitive damages.
The court also awarded him nearly $500,000 in attorneys fees and

The Supreme Court affirmed the jury's compensatory damages award
based on inadequate warnings; reversed the jury's award of
punitive damages because the trial court made improper comments
potentially influencing the jury; vacated the award of attorneys
fees because they no longer have basis without a punitive damages
award; and remanded the case for a new trial on punitive damages.

Nix, Sr., worked for WellTech, a drilling company, from
approximately 1980 to 1986 where he was responsible for
maintaining the viscosity of drilling mud.  He used two Union
Carbide products, Visbestos and Super Visbestos, to carry out his
duties. Total, he used about 10 to 12 50-pound bags of Super
Visbestos to mix the drilling mud and increase viscosity during
loss circulation events. He would do this for several hours on
most days for roughly two-and-a-half years, after which he was
promoted and only handled the products two to three times a week.

Union Carbide "combined forces" with Montello in the late 1960s to
supply Visbestos and Super Visbestos as drilling mud products.
Union Carbide would manufacture the products and Montello was
their exclusive distributor.

"Correspondence between the two indicated that Union Carbide often
took it upon itself to advise Montello as to whether and what
safety information to provide its customers," the court wrote.

By June 1968, Union Carbide began providing warning labels on its
asbestos products. Then in 1972, when OSHA created a standard for
all warning labels, Union Carbide changed its warnings to comply
with the required OSHA wording.

Montello made the bags in which the products were packaged but
Union Carbide remained the final decision-maker regarding the
appearance and labeling of the packaging.

However, by 1983, Union Carbide felt that the OSHA warning
"understates the risk associated with exposure to asbestos dust.
Therefore, the company began using a separate label which used
stronger language, specifically mentioning that asbestos is a
"cancer hazard" and urged the use of respirators.

Nix filed a claim against Union Carbide and several other
defendants in the 1990s due to asbestos exposure. Nix and Union
Carbide settled the case, releasing Union Carbide from future
litigation including all asbestos-related diseases, injuries and
cancers. However, the Partial Release "expressly exempted claims
from mesothelioma not diagnosed as of the date of the execution of
the release."

So, when Nix was diagnosed with mesothelioma in 2010, he filed
another lawsuit against several more defendants, adding Union
Carbide in January 2011.

Eventually all defendants were dismissed except for Union Carbide.

The case went to trial on Oct. 3, 2011, in the Jones County
Circuit Court, based on Nix's claims for inadequate warning and
design defect under the Mississippi Products Liability Act.

Nix testified at the trial agreeing he had read the warnings
provided, but said it was "impossible" to avoid creating dust.

Based on the testimonies, the jury ultimately returned a verdict
for Nix on the inadequate warning claim, awarding him $1 million
in damages and allocating 25 percent fault to Union Carbide. The
remaining 75 percent fault was allocated to various other

When the verdict form was returned, Nix's counsel argued that
there may have been some confusion with the verdict form and
requested Judge Billy Joe Landrum to "ask the jury if they
intended to award the $1,000,000 to the plaintiff as against Union
Carbide or did they intend for the $1,000,000 to be the total
amount against all of the entities on the verdict form."

After providing the jury with a questionnaire, the jury responded
stating, "We intended to award $1 million dollars to the plaintiff
to be the total as to all entities on the verdict form. We awarded
$250,000 as to Union Carbide. All jurors agree."

The court then immediately addressed the issue of punitive damages
and the jury awarded Nix $500,000.

The court then awarded costs and attorneys fees to Nix amounting
to roughly $500,000.

Union Carbide filed its appeal raising several issues:

   -- Whether Nix failed to prove a prima facie product liability
failure-to-warn claim;

   -- Whether punitive damages were improper;

   -- Whether the award of attorney fees and costs is improper;

   -- Whether the post-judgment interest rate is improper.

The court first addressed whether Nix failed to prove his product
liability failure-to-warn claim. Union Carbide claimed it did not
owe Nix a duty to warn about potential hazards of asbestos because
it included warnings on the packaging and relied on Nix's employer
to relay those warnings and instructions to Nix.

According to the common law defense, the court stated that when
manufacturers provide information to a third party and reasonably
relies on the party to communicate that information to the end
user, the manufacturer's duty to warn may be discharged.

However the court noted that while Union Carbide points to
communications it and Montello had with various companies
regarding the hazards, it failed to show that the two companies
informed Nix's employer or anyone in the direct distribution chain
of the hazards.

"Union Carbide points this court to no evidence that it
specifically provided WellTech or anyone in its direct chain of
distribution with information regarding the hazards of asbestos,"
the court wrote. "It certainly cannot then claim that it
reasonably relied on WellTech to warn Nix, when it is unclear form
the record whether it even provided WellTech with a warning."

Union Carbide further argues that it complied with OSHA standards
and therefore the warnings were adequate.

Regardless, the jury was presented with a sample of Union
Carbide's warnings as well as OSHA's regulations to determine
whether the warnings were sufficient. The jury ultimately decided
that the warnings did not comply with the requirements.

Union Carbide also asserted Nix read the warnings but failed to
rely upon them. However, the court wrote that there was nothing to
rely on because the warnings only instructed users to avoid
creating dust.

"Union Carbide essentially argues that Nix failed to rely on
instructions that did not exist," the court wrote.

The court next addressed the punitive damages awarded to Nix.

In addition to Union Carbide's arguments about providing adequate
warnings based on OSHA standards, it also argued that Nix released
his punitive damages claims in the prior litigation. It explained
that punitive damages are conduct-specific, not disease-specific,
adding that nix released the company from claims arising out of
his asbestos exposure in general.

However, the court found that the settlement was vague, stating
that it does not specifically state that Nix was releasing future
claims for punitive damages.

"Without specific language in the release releasing the punitive
damages claim that are tethered to the exempted future claims for
mesothelioma, it cannot be said that the language of the release
clearly and unambiguously releases Union Carbide from liability
for these punitive damages," the court wrote.

Dickinson and Coleman agreed that the release "clearly" allowed
Nix to pursue a mesothelioma claim, but also disagreed with the
majority's conclusion, stating that the settlement released Union
Carbide from any other claims for asbestos-related diseases.

"In my view, releasing 'any and all claims, causes or rights of
action, demands of every kind and nature whatsoever' unambiguously
releases claims for punitive damages and attorney's fees,"
Dickinson wrote. "I would reverse the punitive damages and
attorney fees awards and affirm the compensatory damages award."

Coleman added that while he agrees there can be no claim for
punitive damages without a valid claim for compensatory damages,
he explained that punitive damages punish conduct rather than
compensate for an injury.

"However, it does not follow that, because compensatory damages
are a prerequisite for punitive damages, punitive damages are
awarded for a successful claim of a specific injury," Coleman
wrote. "In fact, semantically speaking, the fact that two separate
terms -- compensatory and punitive -- exist would indicate that
the former is to compensate for an injury and the latter is for,
well, something else."

Union Carbide also argued that punitive damages were improperly
rewarded because the judge influenced the jury verdict by implying
that the compensatory damages award was insufficient.

Judge Landrum added the word "only" into the jury questionnaire
when clarifying the verdict.

The court held that "[questioning the jury was unnecessary, and it
was certainly unnecessary and inappropriate to use the word 'only'
in the questionnaire to describe the amount the jury awarded Nix."

As a result of the judge's possible influence on the jury's award,
the appeals court reversed the punitive damages award and remanded
the case for a new trial on punitive damages only.

The court next focused on the award of attorneys fees, finding
them to be improper.

"Because this court reverses the punitive damages award and
remands for a new trial on punitive damages, it also vacates the
award of attorney's fees," the opinion states. "If punitive
damages are again awarded, then attorney's fees would be an
appropriate consideration."

As for post-judgment interest the appeals court upheld the 8
percent rate, saying the trial judge "is given wide latitude to
determine both the interest rate and the date from which it runs,
provided that the date is not a date prior to the date the
complaint was filed."

ASBESTOS UPDATE: Salisbury Taxpayers to Pay for Cleanup Cost
Annie Riddle, writing for Salisbury Journal, reported that the
site of the new police custody unit in Salisbury, England, is
contaminated with asbestos.  Wiltshire Council, through taxpayers'
money, will foot the bill for cleaning it up.

The cost of making the former engine shed site, off Churchfields
Road, safe is not being revealed by the council, only that "the
cost is included in a package of works that the council will be
carrying out under the terms of the transfer of the land to the
police, and this is reflected in the value of the land".

The police will pay the council GBP600,000 for a long lease on the
site.  The contamination is confined to the part of the site where
the shed stood before it was demolished in the early 1970s.

The council said: "The majority of asbestos roofing tile material
which formed the roof finish for the shed was deposited into the
shed maintenance pits and backfilled with soil."

It added that 725 cubic metres of contaminated soil would have to
be removed.

Local councillors are hoping to see the land on either side of the
unit used for commuter parking and a park.

A spokesman for Police Commissioner Angus Macpherson -- who is
recovering from a heart attack -- has said previously that "work
is currently taking place" on how much the new custody unit will
cost to build.

Asked how much it would have cost to modernize the custody unit at
Wilton Road to meet Home Office guidelines, the spokesman said:
"It would have required demolition of the unit and a rebuild.

"A detailed costing exercise has not taken place, because this
would have required costs to be incurred in drawing up plans and
obtaining quotes.

"However, it is not unrealistic to suggest that the cost would
have been GBP2m to GBP3m. This sum would not have dealt with all
the other faults of this 1960s building or reduced the annual
running cost liability."

The Commissioner's office has said previously that funds had been
set aside to finance this work and that these will now be used,
along with GBP2m from the sale of the police station to the
council, to finance the new unit and a new police station at the
Five Rivers community campus.

The old police station will be turned into a university technical
college.  There will be a public meeting in Salisbury to display
the proposals for the custody unit before they are submitted for
planning permission.

ASBESTOS UPDATE: Drug Shows Promise in Mesothelioma Treatment
A study conducted by a surgical team at Creighton University
Medical Center in Omaha, Nebraska published April 8, 2014, has
shown what researchers believe is the correct chemotherapy drug to
use in conjunction with surgery in patients suffering from
peritoneal mesothelioma, reports the national law firm of Baron
and Budd. As a result, survival rates may increase substantially.

A rare form of asbestos cancer, peritoneal mesothelioma attacks
the lining of the abdomen. It affects approximately 500 patients a
year in the United States and is caused by the ingestion or
inhalation of asbestos, according to the study.

The typical course of treatment is to eliminate as much cancer as
possible using surgery and then using heated chemotherapy drugs to
rinse the abdomen. The team of surgeons studied 44 patients who
had been treated at Creighton University Medical Center from 2003
to 2010. According to the study, some of the patients were given
mitomycin during chemotherapy while the others were treated with
carboplatin. Mitomycin is an antibiotic used to fight tumors,
while carboplatin is a platinum-based drug.

According to the study, of the patients treated with mitomycin, 72
percent lived a year after surgery while 27 percent survived five
years or more. Of the patients treated with carboplatin, nearly 90
percent survived one year and nearly 63 percent were still alive
at the five-year mark. In addition, patients given mitomycin spent
nearly four times longer in intensive care and six days more in
the hospital compared to those treated with carboplatin. Those
treated with mitomycin also needed more than four times as many
blood transfusions.

"Advancements in the treatment of different forms of mesothelioma
are occurring with more and more regularity, and we couldn't be
happier," said Russell Budd, managing director of mesothelioma law
firm Baron and Budd. "We applaud any finding such as this that
will help mesothelioma patients live fuller, longer lives."

For nearly 40 years, the national law firm of Baron and Budd has
fought for the rights of mesothelioma patients by holding
accountable the companies responsible for their suffering. Give us
a call at 866-855-1229 or visit our website at
http://www.fightmesothelioma.comto learn how we may be able to
help if you or a loved one has contracted this disease.

                    ABOUT BARON & BUDD, P.C.

The national mesothelioma law firm of Baron & Budd, P.C. has a
more than 30-year history of "Protecting What's Right" for
asbestos sufferers and their families. As one of the first law
firms to successfully litigate an asbestos lawsuit, Baron & Budd
continues to actively represent veterans, industry workers and
others who are suffering as a result of exposure to asbestos.
Baron & Budd achieved the largest mesothelioma verdict ever in the
state of Texas, a $55 million verdict for an asbestos sufferer and
his family in El Paso, Texas. Contact Baron and Budd at
1.866.855.1229 for additional information on mesothelioma
treatments, mesothelioma cancer doctors and treatment centers and
mesothelioma attorneys.

ASBESTOS UPDATE: Commonwealth Calls for Demolition of Houses
Chris Kimball, writing for ABC News, reported that the head of the
Commonwealth's asbestos safety agency is standing by his call for
the demolition of Canberra, Australia, houses affected by Mr
Fluffy loose-fill asbestos, despite criticism of his stance by the
ACT Government.

Asbestos Safety and Eradication Agency chief executive Peter Tighe
said demolition was the only way to fully deal with the potential
health risks, and that proposed asbestos management plans were
just "bandaid solutions".

"I don't know if I've been accused of scaremongering but there's
been some criticism of what I've said," Mr Tighe said.

"It's been an honest response. My job is to raise the awareness
with the general public and if someone asks me the same questions
today I'd give the same response."

About 1,000 Canberra houses had loose amosite asbestos installed
by insulation company Mr Fluffy in the late 1960s and '70s.

A Federal Government program aimed to remove it between 1988 and
1993, but residual fibres have since been discovered in some of
the homes.

Minister for Workplace Safety Simon Corbell has said the
Commonwealth must accept responsibility for the problem, because
it pre-dated ACT self-government.

But Mr Corbell has criticised calls for the houses to be knocked

"I don't think that those comments were helpful; I think they
scared many people," he said.

"It certainly highlighted issues and that's of benefit to
householders in terms of raising awareness, but I don't think it's
helpful to say every property should be demolished down to the

"Every house will be different."

Mr Corbell said he empathised with the affected Canberra families.

"We're looking at what measures we can put in place to help offset
some of the costs associated with householders needing to manage
the presence of loose-filled asbestos in their properties," he

"I expect the Government will make decisions on that in the coming

The ACT Government sent letters in February to households
identified as having Mr Fluffy, telling them their homes may still
have remnant asbestos and recommending they be assessed.  As a
result, hundreds of Canberra families are living with the dual
uncertainty of their long-term health and financial security.

One Weston Creek family was ordered out of their home after an
independent assessment found it was unsafe for them to stay.

"For my husband to ring and say 'We can't go back in, we're out.
Where do we go with the kids and where do we stay?' was probably
the beginning of our worst nightmare," Elisa Thompson said.

"We don't have the resources to knock this house down. This house
has to be knocked down, it can't be lived in.

"There is no remediation for this house, and as best I know,
that's the same as every single house affected by Mr Fluffy."

Ms Thompson said she hoped the broader community would understand
the impact the process is having on people's lives.

"Nobody should have to live like that and nobody should be
expected to have their family in contact with a carcinogen in
their house," she said.

Another home owner Brianna Haseltine started an action group for
affected families.

"I think the Government has been completely unprepared for the
tidal wave it has unleashed when it sent out 1,049 letters to
people in Canberra homes," she said.

"I'd like to see the ACT Government and the Federal Government
come together to take responsibility for this.

"This has been a wound on Canberra for half a century, and what we
need right now is some surgery not more bandaids."

The implications for the potentially thousands of tradesman who
worked on Mr Fluffy homes are also unknown.  Asbestos assessor Ged
Keane said when cases of mesothelioma amongst workers start
appearing, Canberra would see the full legacy of Mr Fluffy.

"I think back when the Government embarked on this program, rather
than sit back and work out what we are actually dealing with, they
rushed head-long into this remediation of the roof spaces of these
houses and it's not been done very well," he said.

Home owner Karen Rush lived in her home with her daughter while it
was being renovated.  She bought the house in 1994 after it was
supposedly cleared of Mr Fluffy asbestos, but a recent assessment
found remnant asbestos fibres through the walls and sub-floor.

"My worry is the latency period is somewhere between 15 to 20
years," she said.

"I'm the middle of tests for mesothelioma at the moment; it's
pretty scary, and my daughter is in Geneva - she's a diplomat with
the Department of Foreign Affairs and Trade; she's really got to
start to have tests as well.

"I am desperately worried about my daughter.

"We lived grossly in amongst that grey stuff, but so did these
other people, and you never know who's going to get it, to catch

The Federal Government spent $100 million supposedly removing Mr
Fluffy from homes in Canberra, but there was no such funding for
Queanbeyan.  Queanbeyan Mayor Tim Overall said there was no
compulsory survey to determine just how many houses were a risk.

"We do have a problem, but we do not know the extent of it," he

"It is concerning because with 1,000 homes identified in Canberra
at the time, a simple extrapolation of the number of homes in
Queanbeyan built around that era or before, amounted to about 60."

Mr Overall said Queanbeyan City Council was preparing to send
letters to all residents they suspect of having Mr Fluffy
insulation, warning again of the potential risks and their
responsibility to inform tradesman working on the house.

"At this stage there is no solution and no resolution," he said.

ASBESTOS UPDATE: Toxic Dust Found in Robertson School Office
Lawyers and Settlements reported that engineers have found
asbestos in the central office of Robertson County School, in
Springfield, Tennessee, after several school employees have come
down with respiratory illness.

The finding is a surprise, as the school was built about 90 years
ago. "This came as somewhat of a surprise because a building of
that age doesn't usually have asbestos," Robertson County Mayor
Howard Bradley told WSMV Nashville. The building reportedly failed
an air quality test in March.

The director of schools has informed county officials that  five
of his employees are ill, all of whom work in the central office.
They have been diagnosed with environmentally-caused illnesses.

"I think there are five people who have been treated for
respiratory issues over the past few months, not to say they are
directly connected to the environment of that building," said
Bradley. "I'm not privy to say that. Hopefully we'll find that out
in time, but we need to take care of our people and put them in a
safe environment."  (WSMV, Nashville)

ASBESTOS UPDATE: Residents Sue Texaco Over Fibro-related Death
Lawyers and Settlements reported that Port Arthur, Texas,
residents are suing Texaco after their family member died from
asbestos-related disease.

Wanda Wallace, surviving spouse of Herman Wallace, and Dana Bodden
and Damon Wallace, surviving children of Herman Wallace, filed a
lawsuit May 28 in the Jefferson County District Court against
Texaco Inc. and Chevron USA Inc., citing asbestos exposure.

The plaintiffs claim Herman Wallace used and was exposed to
asbestos while he worked for the defendants.

According to the suit, Herman was diagnosed as having asbestosis,
an asbestos-related disease, which resulted in Herman dying a
painful and terrible death Oct. 9, 2012.

The plaintiffs are seeking damages and court costs.

ASBESTOS UPDATE: Widow of Former Shipyard Employee Sues Companies
Lawyers and Settlements reported that an asbestos lawsuit has been
filed by the widow of a former shipyard employee who died of
mesothelioma. Janet Wusthoff, who filed the complaint on behalf of
Charles W. Wusthoff, naming Huntington Ingalls Inc., Northrop
Grumman Ship Systems Inc., Avondale Industries Inc., Reilly Benton
Co Inc., Taylor-Seidenbach Inc., Mccarty Corporation, Eagle Inc.,
Eagle Asbestos And Packing Co Inc., Onebeacon America Insurance
Company, Onebeacon Insurance Company and Commercial Union
Insurance Company as defendants.

According to the complaint, following the death of Charles
Wusthoff on July 24, 2013, it was determined that his cause of
death resulted from asbestos exposure. The plaintiff asserts that
her husband was employed as a boiler-room painter by the shipyard
at Avondale Industries Inc. located at 5100 River Road in Avondale
in the early 1970s where he was allegedly exposed to asbestos and
asbestos containing products in poorly ventilated quarters without
being provided respiratory or other safety equipment.

Wusthoff further alleges that the asbestos exposure during her
husband's employment resulted in his contraction of lung cancer
and subsequent death.

The defendants are accused of wrongful death, general negligence
and strict liability.

An unspecified amount in damages is sought for physical pain and
suffering, medical expenses, funeral and burial expenses, loss of
quality of life, disfigurement, financial loss, mental anguish,
emotional distress, loss of love, loss of affection and loss of

ASBESTOS UPDATE: ACT Gov't Waives Tip Fee for Affected Homes
ABC News reported that Canberra, Australia, home owners with Mr
Fluffy asbestos insulation will have their garbage tip fees waived
to significantly reduce the cost of renovating or demolishing
their homes.

More than 1,000 Canberra homes are thought to still contain some
loose-fill asbestos installed by the Mr Fluffy company, despite a
Commonwealth clean-up program more than 20 years ago.  Some
families have been forced to move out of their homes after
residual asbestos fibres were found.  Breathing in asbestos fibres
can cause the deadly lung condition mesothelioma.

The head of the Commonwealth's asbestos safety agency stood by his
call to demolish the affected houses.  Workplace Safety Minister
Simon Corbell said the change could save affected home owners
anywhere from $3,500 to well over $10,000 for a knockdown rebuild.

"This is a significant measure as contaminated waste would
normally attract a fee of $75 to $150 per tonne," he said.

A standard three- or four-bedroom family house could generate
between 50 to 150 tonnes of waste, or even more, depending on the
level of contamination.

Brianna Heseltine from the Fluffy Owners and Residents' Action
Group has welcomed the announcement.

"We are very pleased to see the Government rolling out the first
assistance measure," she said.

"Particularly people in our group who are demolishing their homes
right now have been delighted by the Government's assistance."

More ACT Government announcements about Mr Fluffy homes are
expected in the coming weeks.

"The Government is finalising the details on a series of
announcements that are designed to provide practical assistance,
information and advice," Mr Corbell said.

"Fundamentally we need to recognise this problem is not going to
be resolved without the engagement of the Commonwealth

ASBESTOS UPDATE: Marlington Local Schools to Clear Fibro
Amadeus Smith, writing for The Alliance Review, reported that
Marlington Local Schools in Ohio will remove asbestos from a space
below Lexington Elementary School.  The Marlington school board
approved a contract with Cardinal Environmental Services Inc. to
remove the material.

"We're getting it out now since the kids are out of school," said
Treasurer Derek Nottingham.

Superintendent Joe Knoll said rain water leaking into the tunnel
that houses plumbing below the school has caused the asbestos to
chip off the pipes.

According to the Consumer Product Safety Commission, asbestos only
becomes hazardous once fibers are released. Fibers can be released
by tearing, chipping or improperly removing the material.

The material is due to be removed.

The board also approved entering into contracts for asphalt
repairs outside of Marlington Middle School and a track
resurfacing project.  Vasco Asphalt Company will lay the pavement,
and FieldTurf USA will lay the track.

The board also began the process of putting an 8.5-mill levy
renewal on the November ballot.  The levy generates about $1.4
million for the district.

A special meeting was to be held at 5:30 p.m. July 10 at the
Marlington administrative offices. The board's regular meeting
would follow at 7 p.m.

ASBESTOS UPDATE: Center Urges Annual X-Ray for Exposed Workers
The Mesothelioma Victims Center now suggests individuals who had
heavy exposure to asbestos at an industrial or manufacturing
facility, in the construction field, or a US military worker to
have an annual medical check up that includes a chest x-ray or MRI
focused on identifying masses or benign tumors in the chest. While
the Center is not aware of an actual cure for mesothelioma, they
do know that early detection of mesothelioma could allow for some
extremely promising treatment options for this rare and malignant
form of cancer.

Individuals who had heavy exposure to asbestos in the workplace,
and are concerned about mesothelioma or other asbestos related
illnesses can always call the Mesothelioma Victims Center anytime
at 866-714-6466.

According to the National Institute for Health in February of
2014, "The tissue that lines your lungs, stomach, heart, and other
organs is called mesothelium. Mesothelioma is a tumor of that
tissue. It usually starts in the lungs, but can also start in the
abdomen. It can be benign (not cancer) or malignant (cancer.)

"Malignant mesothelioma is a rare but serious type of cancer. Most
people who get it have worked on jobs where they inhaled asbestos
particles. After being exposed to asbestos, it usually takes a
long time for the disease to form."

The Center explains, "Sometimes it is hard to tell the difference
between malignant mesothelioma and lung cancer. Your doctor uses
imaging tests and a biopsy to make the diagnosis. Malignant
mesothelioma is often found when it is advanced. This makes it
harder to treat. Treatment may include surgery, radiation, and/or

"If you or a family member have been diagnosed with mesothelioma
please call us at 866-714-6466. We provide instant access to the
nation's most skilled mesothelioma compensation lawyers and
information on cutting-edge treatment options for this malignant
form of cancer. Again if you had heavy exposure to asbestos at a
workplace in the 1950s, 1960s, 1970s, or 1980s please get annual
screenings that include a x-ray, and be sure to tell your medical
doctor about your exposure."

Information About Mesothelioma For Diagnosed Victims And Their
Families From The Mesothelioma Victims Center:

According to the US Center for Disease Control, the average age
for a diagnosed victim of mesothelioma is 72 years old. Frequently
victims of mesothelioma are initially misdiagnosed with pneumonia.
This year between 2,500 and 3,000 US citizens will be diagnosed
with mesothelioma. Mesothelioma is attributable to exposure to

High-risk work groups for exposure to asbestos include: US Navy
Veterans, shipyard workers, oil refinery workers, manufacturing
workers, plumbers, electricians, auto mechanics, machinists, and
construction workers. Typically the exposure to asbestos occurred
in the 1950s, 1960s, 1970s, or 1980s.

The states with the highest incidence of mesothelioma include:
Pennsylvania, Maine, New Jersey, West Virginia, Florida, Wyoming,
and Washington. However, based on the calls the Mesothelioma
Victims Center receives diagnosed victims could be in any state
including California, New York, Texas, Massachusetts, Maryland,
Virginia, North Carolina, Georgia, Louisiana, Missouri, Ohio,
Michigan, Iowa, Indiana, Illinois, Wisconsin, Minnesota, Montana,
Nebraska, Kansas, Colorado, Utah, New Mexico, Arizona, Nevada,
Idaho, Oregon, and Alaska.

The Mesothelioma Victims Center says, "Before you hire a
mesothelioma attorney please call us at 866-714-6466, and compare
the qualifications of who we consider to be the nation's most
skilled mesothelioma attorneys to any other lawyer, or law firm.
When it comes to obtaining the best mesothelioma settlement, the
quality of the attorney matters, as we would like to explain."

For more information about a rare form of cancer caused by
exposure to asbestos called mesothelioma, please visit the US
Centers For Disease Control's website:

ASBESTOS UPDATE: Meso Case Allowed Despite Releases
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a Tennessee appeals court held that a mesothelioma lawsuit
was proper despite an agreement reached between a railroad company
and its employee releasing it from liability of all past and
future personal injury claims while settling an asbestosis case in

Although the two reached a prior negotiated release, freeing
Illinois Central Railroad Company from liability, Delores Blackmon
filed the lawsuit pursuant to the Federal Employers' Liability
Act, alleging her husband Dolphus Blackmon developed mesothelioma
as a result of asbestos exposure while working with the railroad
company and later died from his injuries.

Illinois Central Railroad was granted summary judgment based on
its arguments that the decedent's release, drafted when he settled
previous litigation with the railroad, barred the current lawsuit.

However, the Court of Appeals of Tennessee disagreed, reversing
the circuit court's decision and remanding the case for further
proceedings.  The court held that Illinois Central Railroad failed
to submit evidence demonstrating that the plaintiff "cannot prove
the invalidity of the release at trial or cannot prove that Mr.
Blackmon was not aware of the risk of mesothelioma when he signed
the release."

Judge Alan E. Highers delivered the opinion on May 16 with Judges
David R. Farmer and Holly M. Kirby joining.

Dolphus Blackmon was employed as a machinist with Illinois Central
Railroad Company and its predecessors from 1945 until he retired
in 1989.  Blackmon died in 2008 after developing mesothelioma as a
result of his asbestos exposure.

In September 2008, his wife Delores Blackmon filed a lawsuit
against her husband's former employer and several other
defendants.  The complaint claims that Illinois Central Railroad
was liable for the wrongful death of Blackmon according to the
Federal Employers' Liability Act, or FELA.

The defendant responded by arguing the plaintiff's claims were
barred by a release the decedent executed in connection with the
settlement of another FELA lawsuit filed against Illinois Central
Railroad several years earlier.

According to the previous lawsuit, Blackmon alleged he suffered
from asbestosis as a result of his asbestos exposure while working
for Illinois Central Railroad. The case was settled in October
2002 and a release was executed in exchange for a lump sum payment
of $28,000.

The release stated that Blackmon released Illinois Central
Railroad from "any and all claims arising out of Dolphus
Blackmon's employment," including further injuries caused by
asbestos exposure.

At an April 2009 hearing in the Circuit Court for Madison County,
the trial court granted summary judgment to Illinois Central
Railroad, finding the release valid and enforceable. Therefore,
the plaintiff's claims were barred, it said.

Blackmon appealed, questioning whether the court erred in
construing the language of the release as it applied to future
claims, whether the trial court erred by determining the validity
of the release under the FELA and whether the court erred in
failing to heed the Third Circuit's caution against boilerplate
language in release agreements.

Blackmon specifically argues that the language of the agreement
does not intend to release Illinois Central Railroad from future

The release states that "[i]t is understood and agreed that it is
the intention of the parties that this Release releases Illinois
Central Railroad Company, a corporation, and all parties released
of and from any and all claims, losses, damages, injuries,
conditions or diseases, including, but not limited to,
pneumoconiosis, cancer, mesothelioma or any other disease
allegedly resulting in any manner from the employment of Dolphus
Blackmon or any other medical condition allegedly related to the
employment of Dolphus Blackmon with the parties released."

However, the plaintiff claims the release used past and present
tense, meaning future claims are not included in the compromise.

The court is unconvinced, pointing out a section of the release
that addresses "any other or additional claims" arising from the
decedent's employment.

"In addition, the fact that the release included many specific
conditions that were not present at the time suggests that the
release was not intended to cover only Mr. Blackmon's existing
injury -- asbestosis," Highers wrote.

To determine whether the trial court took the proper approach, the
appeals court addressed the validity of a release under FELA,
which it said must be determined by federal law.

Blackmon relied on a law passed by Congress after railroad
companies attempted to force their employees to sign contracts
discharging the company from liability for personal injuries. The
law bars companies from carrying out such actions. The claimant
believed the release violates this law.

Highers explained that courts considering FELA releases have
disagreed as to whether a FELA release can only bar claims for
injuries known at the time of the release, or whether the ELA
release can also extend to claims for future injuries.  To decide
the answer, he added that there are two main approaches set forth
in the Babbitt decision and the Wicker decision.

In Babbitt, a company required employees to sign documents
releasing it from liability for all future injuries related to
their work. Years later, the employees filed FELA claims for
hearing loss.

Ultimately, the court held that a release from liability must
"reflect a bargained-for settlement of a known claim for a
specific injury, as contrasted with an attempt to extinguish
potential future claims the employee might have arising from
injuries known or unknown."

In Wicker, employees had executed releases in connection with
settlements of claims for various injuries, releasing the employer
from liability for all past and future injuries. However, the
employees said the compromise could not release the employer from
injuries the employees did not yet know existed.

The court held that a release is not improper when it is "executed
for valid consideration as part of a settlement, and the scope of
the release is limited to those risks which are known to the
parties at the time the release is signed. Claims relating to
unknown risks do not constitute 'controversies,' and may not be

In other words, the court did not want to adopt a "bright line,"
saying the release "may be strong, but not conclusive, evidence of
the parties' intent."

The trial court chose the Wicker approach, but Blackmon alleged
the trial court improperly applied the approach when considering
the validity of a FELA release.

She asserts that a separate Ayers approach would have been proper
when defining a "controversy" under FELA.

The court disagreed, stating that the Ayers case dealt with
different issues than the Blackmon case, adding that the word
"controversy" does not even appear in the Ayers opinion.

The court concluded that the trial court did not err when applying
the Wicker approach.

As for the plaintiff's arguments that the trial court failed to
"fully follow" the Wicker decision, specifically noting its
caution against boilerplate language, the court agreed that the
release wasn't conclusive and failed to prove the decedent was
aware of the asbestos health hazards.

Blackmon claims the language was "boiler plate, general in nature,
not designed to fully inform [Mr. Blackmon] and failed to comply
with the specificity requirements . . . discussed in Wicker."

Comparing the two cases, the court held that the release was
negotiated by the decedent and his attorney as part of the
settlement of an existing claim, as required in Wicker.  However,
when evaluating the parties' intent at the time the release was
drafted, the court said the agreement included all known hazards
in an effort to exempt the company from all potential liability
related to the decedent's employment.

Calling it a "standard waiver of liability," the court said the
list included generic asbestos hazards rather than specific risks
of asbestos the decedent actually faced.

"Illinois Central points out that the Release specifically
referenced asbestos and mesothelioma," Highers wrote. "However,
these terms were buried laundry list of other substances and

Highers added that the release does not specify the scope and
duration of the risks and fails to indicate that the decedent knew
of the health risks associated with asbestos and other toxic

The court also notes the significance that Illinois Central
Railroad failed to provide any other evidence on the record,
relying strictly on the release to show it intended to cover a
future claim for mesothelioma.

"Although it may be likely that Mr. Blackmon was made aware that
he was at risk of developing mesothelioma, either by his doctors
or by his attorney at the time, there is simply nothing in the
record to prove such an awareness, and it would take an assumption
on our part to reach that conclusion," Highers wrote.

ASBESTOS UPDATE: Ill. Jury Reaches Defense Verdict in Fibro Case
HarrisMartin Publishing reported that an Illinois jury has reached
a defense verdict in favor of an insulation seller and installer,
rejecting the asbestos claims of a former pipefitter.  The
Illinois 11th Judicial Circuit Court for McLean County jury
reached the verdict on June 19. Judge Paul Lawrence presided over
the trial, at which Sprinkmann Sons Corporation of Illinois was
the lone remaining defendant.

The plaintiffs contended that Charles Goodwin was exposed to
asbestos-containing insulation while working as a pipefitter for
nearly 40 years. As a result of the exposure, Goodwin developed
lung cancer, the plaintiffs said.

ASBESTOS UPDATE: Ford Urges Pa. High Court to Hear $1MM Appeal
Lisa Ryan, writing for Law360, reported that Ford Motor Co. in
June urged the Pennsylvania Supreme Court to hear its challenge to
a state appellate court decision upholding a $1 million jury award
handed to a dealership worker who claimed he was exposed to
asbestos fibers in brake pads, saying the court allowed improper
expert witness testimony to influence the jury.

The automotive giant asked the high court to allow it to appeal
the May decision, arguing the appellate court should have applied
a recent state Supreme Court ruling that prohibited the testimony
of an expert who relied on the premise that "any exposure" to
asbestos fibers can lead to an asbestos-related disease.

"This court has held three times that 'any exposure,' 'each and
every breath,' and similar expert theories are inadmissible and
are not enough to satisfy an asbestos plaintiff's burden to prove
substantial factor causation," Ford said in its petition.

Ford filed its appeal with the state appellate court after a jury
found it and three other companies liable for the mesothelioma
that Richard Rost, a former Ford mechanic, developed while working
at the dealership for several months in the 1950s.

The three-judge Superior Court panel in May said that the record
before Betz v. Pneumo Abec LLC, the suit that banned the "any
exposure" expert testimony, differed from the factual and
procedural record in the appeal and held that the Betz ruling
could not be applied, upholding the $1 million verdict awarded to
Rost and his wife.

The panel also held that the Supreme Court's ruling in Gregg v.
V-J Auto Parts Co., which also involved a plaintiff who developed
mesothelioma after breathing dust scraped from asbestos containing
brake pads, was more dispositive to the current appeal than that
of Betz.

In Gregg, the high court held that a plaintiff is required to
adduce sufficient frequency, regularity and proximity evidence to
establish substantial causation in order to survive a motion for
summary judgment.

The appeals court said that in contravention to the record before
the Supreme Court in Gregg, the current record reveals that the
Rosts presented significant evidence of frequency, regularity and
proximity, citing testimony by the plaintiffs' expert witnesses.

But in its petition to the high court, Ford said the appellate
court should have followed Betz's precedent, because it held that
the "any exposure" theory is fundamentally inconsistent with both
science and the standard for finding legal causation.  The company
also said that it is likely that the expert's opinion influenced
the jury's determination that the disease stemmed from the
exposure to Ford products, since Ford demonstrated that Rost could
have been exposed to asbestos through numerous other jobs he
previously held.

"The Superior Court, in short, continues to struggle with applying
this court's 'any exposure' decisions. And this case is a suitable
vehicle in which to revisit the topic," Ford said.

Attorneys for Ford declined to comment.

Representatives for the Rosts did not immediately respond to
requests for comment.

The Rosts are represented by Robert E. Paul of Paul Reich & Myers
PC, Clayton Layne Thompson of Maune Raichle Hartley French & Mudd
and Christian Hartley of Hartley Law LLC.

Ford is represented by Robert L. Byer and Sharon L. Caffrey of
Duane Morris LLP.

The case is Rost v Ford Motor Co., case number 309EAL2014, in the
Supreme Court of Pennsylvania.

ASBESTOS UPDATE: Royal Family's Apartment Has Deadly Dust
Dayna Evans, writing for Gawker.com, reported that Kate Middleton
and her double tufts of hair in body sacks, Prince William and
porkpie Prince George, have been living in Medieval squalor at
their Kensington Palace apartment. With no running water and tons
of asbestos infiltrating their happy home, the repairs on the
palace are reportedly going to cost UK taxpayers nearly GBP4

These aren't the first repairs made on the royal trio's abode.
Before little man-baby George was born, renovations were made to
the tune of GBP1 million, causing a polite uproar among Brits

As Carole Malone wrote in an op-ed last year for The Mirror:

"Buck House insists these grand palaces have to be maintained and
held in trust for the nation. Really? So when was the last time
any of us were invited to any of the private royal residences for
tea and a digestive?"

"Quite! But spokespeople for the upcoming renovations stand by
their decision to make the Plebeian people pay for the upkeep of a
house they'll never live in."

Via BBC News:

"We also had to take into account the fact that Kensington Palace
is a scheduled ancient monument, and all elements of the
refurbishment had to be agreed with English Heritage.

"The Duke and Duchess of Cambridge paid privately for all the
internal furnishings, including carpets and curtains.

"They were also at pains to ensure that the specification is not

Their house was last renovated in 1963 and the official details
and costs of the fix-up are to come.

ASBESTOS UPDATE: Railroad Worker Says Lung Cancer Due to Exposure
The Madison-St. Clair Record reported that a former railroad
engineer claims he developed lung cancer after he was exposed to
asbestos throughout his career.

Gary W. Davis filed a lawsuit June 5 in the St. Clair County
Circuit Court against Union Pacific Railroad Company.  In his
complaint, Davis alleges he was diagnosed with lung cancer
following a 38-year career as a hostler, fireman and engineer for
Union Pacific. During that time, he was exposed to various toxic
substances, including asbestos, diesel exhaust, environmental
tobacco smoke, silica and creosote, which led to his disease,
according to the complaint.

Because of his cancer, Davis suffered great pain and disability,
lost his enjoyment of life and suffered mental anguish, the suit
states. He also suffered extreme nervousness, incurred great costs
and lost income, the complaint says.  He blames the railroad for
causing his injuries, saying it failed to monitor the system to
determine whether employees' exposure to asbestos was below
prescribed limits, failed to provide special clothing, failed to
collect work environment samples and failed to implement proper
engineering controls, among other negligent actions.

Davis is seeking a judgment of more than $100,000, plus costs. He
is being represented by William P. Gavin of Gavin Law Firm in

St. Clair County Circuit Court case number 14-L-477.

ASBESTOS UPDATE: Iowa School Board Okays $5,777 Abatement Bid
David Swartz, writing for Estherville News, reported that the
Central School Board of Estherville Lincoln, in Iowa, approved an
asbestos abatement bid of $5,777 from Abatement Specialties LLC.
The A project on the school's Physical Plant and Equipment Levy
list was the tiling of the C-Wing hall in the high school.
Superintendent Tara Paul said the original plan was to tile over
the current tile, but after a further look, that option wasn't
possible.  The asbestos tile needs to be removed professionally.

ASBESTOS UPDATE: Fibro Awareness Bus Tours Queanbeyan
The Queanbeyan Age reported that Queanbeyan, Australia, residents
concerned about asbestos in their homes can make use of a free NSW
asbestos awareness service visiting town.

Betty the Asbestos Awareness Van will be at the Riverside Plaza
northern car park this afternoon, Home Hardware and the Karabar
Shopping Centre.  And with an ongoing regional push to clean up
the asbestos legacy of seventies-era Canberra company Mr Fluffy,
volunteer asbestos consultant Geoff Wicks said Queanbeyan
residents should take the opportunity to discuss their concerns.

"We're going to shopping centres and hardware stores getting
people to become aware of it, asking questions, finding out how
they can deal with it, all that sort of thing," Mr Wicks said.

"We've got a display that shows where in a typical house you'd be
likely to find asbestos and how to deal with it.

"We also have NSW Workcover people on site that they can ask
technical questions, and we can answer questions on renovations
and extensions and so on."

For more information on how to investigate or deal with asbestos,
visit www.asbestosawareness.com.au.

ASBESTOS UPDATE: Contractors Cleared Over NBN Fibro
Jared Owens, writing for The Australian, reported that National
Broadband Network contractors accused of mishandling asbestos from
Telstra's pits have been cleared of breaching federal safety laws,
infuriating unionists and residents exposed to the deadly fibres.

Many NBN worksites ground to a halt last year after the hazardous
material was reportedly dumped in suburban areas, prompting fears
for workers and forcing the evacuation of homes.

The national workplace safety regulator, Comcare, told The
Australian it had completed 10 investigations but "did not
identify any substantial breaches" of the Work Health and Safety
Act, which safeguards the wellbeing of workers and the public.
This legislation provides up to five years' jail for
businesspeople found to have recklessly exposed others to risk of
death, serious injury or illness.

But Electrical Trades Union national secretary Allen Hicks said
Comcare was not the appropriate agency to investigate such

"If we've got legislation in place that allows subcontractors to
expose their workers and spread fibres across people's lawns so
they can't inhabit their houses because of the asbestos, something
is seriously wrong," Mr Hicks said.

"We said at the time we didn't think Comcare were the appropriate
agency -- they take care of so many industries, they don't have
the resources to concentrate on a single industry like that.

"It's now up to the federal government to intervene."

Comcare's spokeswoman said the agency assessed the standards of
companies performing asbestos remediation work at Telstra pits. It
had also inspected 847 pits.

"Comcare inspectors assess all contractors carrying out this work
against the best-practice standards set by Telstra which are above
those required by law," she said. "Comcare's verification program
has led to higher safety standards across the country."

Employment Minister Eric Abetz was "pleased" agencies were working
to ensure safer practices following Labor's "botched" effort to
roll out the NBN.

"I understand the assessment of which the ETU complains was
undertaken by the two relevant independent bodies, based on the
expert advice available to them," he said.

The Victorian WorkCover Authority said it was prosecuting a
subcontractor for allegedly failing to produce documents and
information during its investigation of asbestos-handling

Matthew O'Farrell, whose family lived in a motel for 11 weeks last
year after an asbestos scare in his street at Penrith, western
Sydney, said Comcare's findings were "completely unacceptable".

Mr O'Farrell said his uncle died of mesothelioma 20 years after
his exposure to asbestos, and he feared his children would
eventually show the symptoms.

Telstra's spokesman said: "The safety of the community, our
employees and contractors is our No 1 priority. "We continue to
co-operate with Comcare on its inspection program, have increased
the number of our own supervisors in the field, and have an
ongoing training program in place to maintain a high standard of .
. . compliance."

ASBESTOS UPDATE: Mr. Fluffy Group Demands Support & Demolition
Emma Macdonald, writing for The Canberra Times, reported that the
owners of homes contaminated by Mr Fluffy asbestos have presented
a list of requests to the ACT government, seeking crisis support
for those displaced from their homes and calling on the government
to negotiate with the Commonwealth to compensate owners for the
costs of demolishing and rebuilding.

The convener of the Mr Fluffy Owners and Residents' Action Group,
Brianna Heseltine, met with Attorney-General Simon Corbell to
discuss the government's response to Canberra's asbestos

Nearly 300 members of the group attended a town-hall style meeting
where they vowed to fight for an ultimate resolution to the 50
year-old problem -- demolishing every Mr Fluffy home.  They also
received a briefing from Maurice Blackburn Lawyers on what could
become a multi-billion dollar class action based on economic loss.

Mr Corbell said the meeting had been constructive and he had held
the first high-level meeting with Commonwealth representatives to
discuss the Mr Fluffy crisis.  He was also "cognisant of the
immediate problems facing some of these homeowners and I will be
seeking whole-of-government agreement on steps to deal with them".

More than 1000 homes are thought to contain remnant amosite
asbestos as a result of having Mr Fluffy amosite asbestos pumped
into their roof cavities as cheap insulation during the 1960s and

The Commonwealth during the late 1980s spent $100 million removing
the asbestos from roof cavities, but a home in Downer was missed
in the clean-up and tests last year showed the asbestos had moved
down the walls and into the subfloor, prompting the government to
write to Mr Fluffy homeowners in February, warning that their
houses might not be safe.

"It's been four long months since affected families received a
letter that changed their lives," Ms Heseltine said. ''Many
families are at breaking point. Lives have been hijacked by mental
anguish and stress, job losses, the breakdown of relationships,
and a sense of deep despair at the absence of any supporting
policies for crisis assistance.

"Our families respect the government's desire to get this right,
but hotel bills are mounting and kids are living away from their
homes. Families are needing to replace their entire wardrobe
contents. Investment property owners are falling over with the
weight of covering two mortgages where homes have been vacated."

Ms Heseltine said around 10 families were currently homeless and
required urgent government assistance to cover hotel or rental
accommodation and to replace contaminated clothing and personal
items that had to be destroyed.  The group also wanted financial
assistance for investment property owners for loss of rent where
tenants have terminated leases or been forced to leave due to
contamination.  They have called for the full suspension of rates
for every Mr Fluffy block pending a review of diminished land
values due to ongoing contamination and for the Commonwealth to
provide full coverage for annual X-rays and health screening for
everybody who had lived in a Mr Fluffy home.

In the longer term the group wants the ACT government to negotiate
a package with the Commonwealth government to provide funds for
every owner to demolish their home, decontaminate the land and
rebuild in line with current size and features.

"Our families want Canberra to know that regardless of the
different circumstances, we all lacked crucial knowledge about the
amosite asbestos in our homes. Some of us installed a product
signed off by the Commonwealth government, and didn't know the
risk. Some of us stayed after the removal program, and returned
after being told our homes were safe. Some of us are recent
purchasers who didn't know our homes were ever affected," Ms
Heseltine said. "We desperately need the ACT and Commonwealth
governments to end our exposure to a banned substance that can
never be removed from our homes."

Ms Heseltine said the group was pro-disclosure and wanted the ACT
government to maintain a central register of Mr Fluffy homeowners
to ensure information was personally addressed to owners and
former owners when properties changed hands or new developments
came to light.  They want sale contracts for affected homes to
contain mandatory asbestos assessments so that purchasers are

"We would welcome a government policy, suggested by a
tradesperson, to install compliance plates in the main
switchboards of affected homes to notify all tradespeople of the
Mr Fluffy factor," Ms Heseltine said.

The ACT government also needed to protect homeowners from
potentially unscrupulous behaviour across the asbestos and
building industries through tougher regulations to prevent price
gouging.  Owners were distressed at the high costs of assessments
and remediation work and a lack of standard operating procedures
for sampling.  Ms Heseltine also met with ACT Opposition Leader
Jeremy Hanson and Opposition industrial relations spokesman
Brendan Smyth to discuss a possible meeting with the Prime
Minister regarding Commonwealth assistance.

ASBESTOS UPDATE: Claimants Not Allowed to Enter New Evidence
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that after an asbestos case ended in a mistrial, a woman alleging
her husband developed mesothelioma from "hot tops" in a steel mill
was denied reconsideration of an excluded study from the first
trial for failing to provide any new evidence.

"Absent new evidence, the event of a mistrial is not an
opportunity for the parties to relitigate deficiencies in their
cases identified during the first proceedings," Judge James L.
Robart wrote in the May 19 opinion.

After the case against On Marine Services Co. LLC ended in a
mistrial the first time, plaintiff Joanne K. Lipson moved to
include an industry study by titled "Silicosis and Asbestos
Hazards Associated with the Manufacture and Use of Profax," before
the second trial commences in the United States District Court for
the Western District of Washington at Seattle.  She argues the new
evidence eliminates the two foundational deficiencies identified
by the court in its prior ruling.

Lipson claims her husband developed mesothelioma from asbestos
exposure while working at a steel mill.

On Marine Services manufactured a product called "hot tops," which
were used at the mill to insulate ingot molds into which molten
steel was poured.

Lipson raises the issue in this case whether quantities of
asbestos in the hot tops survived the heating associated with
steelmaking, therefore contributing to her husband's injury.

On Marine Services argues the asbestos degraded and detoxified
when exposed to high heat.

In response, Lipson provided expert testimony from Susan Raterman,
who opined that "significant quantities of asbestos" in the hot
tops survived the steelmaking process.

Raterman relied in part on the Washbourne Report to support her
opinion, which tested levels of asbestos in hot tops and related

Judge Robart wrote that the court previously excluded expert
testimony based on the report because it fails to provide details
regarding referenced experiments, including whether its
measurements were taken after the hot tops were heated. Also, the
products tested contained crocidolite asbestos, whereas the On
Marine Services hot tops contained amosite asbestos fibers.

Relying on alleged "new evidence," Lipson seeks reconsideration.

Judge Robart explained that when deciding whether or not to permit
expert testimony, "the court is concerned not with the correctness
of the expert's conclusions, but the soundness of the

In this case, he wrote that not only is Lipson's request for
reconsideration untimely, it also fails on the merits.

Lipson argued that evidence that was not previously available is
enough to satisfy reconsideration. Under this argument, she
identifies five sources of evidence:

   -- Deposition testimony by Foseco International Ltd's corporate
representative that the experiments involved ash left over from
the steelmaking process. Foseco is where the experiments were

   -- Deposition testimony by On Marine Service's corporate
representative and salesman that the two products were similar;

   -- Deposition testimony by On Marine Service's expert regarding
the temperature of molten steel during the steelmaking process and
the temperatures at which amosite and crocidolite degrade;

   -- Two studies showing the respective temperatures at which
amosite and crocidolite degrade; and

   -- The Supplemental Report and Supplemental Deposition of
Lipson's expert Dr. William Longo explaining that the two
products' compositions are substantially similar.

Judge Robart concluded that the first two sources are not new
evidence. The two deposition testimonies were considered the first
time the report was excluded.  As for the remaining sources, Judge
Robart explains that evidence is not considered new when it was in
the party's possession at the time of trial or could have been
discovered with "reasonable diligence."

Information regarding the temperatures of molten steel and the
temperatures at which asbestos fibers degrade are "certainly
something which plaintiff could have discovered with reasonable
diligence," he added.

"There is no reason for plaintiff to rely on recent deposition
testimony by defendant's expert for facts that could easily be
otherwise verified," Judge Robart wrote.

Additionally, Lipson failed to show that Longo's opinion regarding
the similarities between the On Marine Services hot tops and the
hot tops in the report is new evidence and could not have been
previously discovered.  Judge Robart also explained that the
report's parameters of the 'laboratory experiments' have remained
largely undefined.

"Absent such information," he wrote, "there is no indication that
the results of those experiments can reliably be extrapolated to
bear on the circumstances at issue in this case."

Examining Lipson's failure to present sound, newly discovered
evidence, Judge Robart concluded that she is not entitled to
reconsideration of the court's previous order.

ASBESTOS UPDATE: Fibro Discovered at Birrigai School Campsite
Kirsten Lawson, writing for The Canberra Times, reported that ACT
Parks and Conservation Service head Brett McNamara has moved to
reassure families of children attending school camps at Birrigai
near Tidbinbilla, in Australia, that asbestos contamination is
contained and the camp is safe.

Mr McNamara was speaking after the head of infrastructure for the
education directorate, Rodney Bray, said the asbestos was so
extensive removing it by removing contaminated soil would be
prohibitively expensive.  Mr Bray appeared at ACT Assembly
estimates hearings, where he said small pieces of asbestos cement
sheeting -- "generally the size of your thumbnail" -- had been
found at six sites, and across a large area, possibly hundreds of
square metres.

Mr McNamara disputed the suggestion of hundreds of square metres,
but said he couldn't put an area on the finds. He the asbestos had
been found on top of the soil, and might have been washed there.
Removalists had been through the site, forming a line and picking
up all the visible asbestos, and would be there again after the
current rain. As a precaution, the areas had been covered in top
soil and fenced off.

Mr McNamara, whose mother died of mesothelioma after the family
did bathroom renovations involving asbestos, said Birrigai was
safe and he would have no problem sending his own children there.
"I know only two well what horrible stuff this and there's no way
that we'd risk anyone's health out there," he said. "I'm confident
that . . . it's safe."

The asbestos had probably came from the sheds and houses there
before the 2003 bushfires, and been exposed by heavy rains. He had
become aware of it about October last year.

Earlier, Mr Bray said the asbestos finds were "so extensive that
normal remediation work where you dig it up and take it to a
disposal site would be prohibitively expensive".

The fragments were bonded asbestos cement, which was "generally
safe unless drilled, sandpapered, broken or handled".

"Unless a child was to pick it up and rub in their hands and
breathe it or ingest it, it's very low-risk material," he said.
The asbestos cement sheeting is not the same as the loose-fill Mr
Fluffy asbestos causing distress after being found in Canberra

Canberra Grammar School cancelled a Year 3 camp scheduled for June
after news of the asbestos contamination, but other schools are
still using Birrigai. Mr Bray said students, staff and parents
were being made aware of the risk when they visited.

The remediation work had been finished two weeks ago, and a second
official, Stephen Gwilliam, said it was "business as usual".

An information pack went to visiting schools and other groups
outlining the contamination and including a map of the areas where
it had been found and induction procedures for visitors, Mr
Gwilliam, a school network leader for Tuggeranong, said.

A spokesperson for Education Minister Joy Burch said 40 ACT
schools had visited Birrigai this year, with only one
cancellation. Schools received a letter advising of the asbestos
situation, and "may use this to inform their school communities
and families of students", she said.

The ACT Government's Tidbinbilla website has a series of risk
management plans covering risks at Birrigai, from strangers on
site, to natural disasters, lost students, snake bites and
wildlife hazards, swooping birds, and even splinters. Asbestos
does not appear to feature.

Radford school, though, has identified the asbestos risk, in a
management plan that considers the possibility that students would
"unknowingly pick up a piece of bonded asbestos containing
material and release the fibres through hammering, drilling,
abrasion" -- a risk it assesses as having a remote likelihood.

ASBESTOS UPDATE: Fibro Discovery Slows Down Colo. Street Cleanup
Mary Shinn, Cortez Journal, reported that cleanup of a Main Street
building, in Colorado, that was destroyed by a February fire has
been delayed because low levels of asbestos were found.

A contractor is expected to begin removing the building's debris
in early July, said Bill Armstrong, owner of the property. The
building was home to a co-working space, a shoe store and a
flooring company is lies between The White Cup Coffeehouse and the
law office of Kelly McCabe.  The asbestos on the lot required the
owner to hire a certified contractor with a permit to clear the
building materials, he said. Asbestos was found in the tar paper
in the roof and other building materials.

Asbestos in tar paper is not a public health concern because the
asbestos fibers are bound up in the sticky asphaltic base of the
tar paper and don't break loose to be inhaled, said Steve Fine,
the program manager of the indoor environment program for Colorado
Department of Public Health and Environment.

The use of asbestos in insulation materials was discontinued in
the late 1970s after it was found to cause cancer if inhaled in
large amounts. The building's owner was required to have an
environmental report on the building done because of its age.

Armstrong said it was tough to find a company to do the cleanup
because most certified asbestos professionals are based on the
Front Range. He has hired Envirotech, of Farmington, for the

Armstrong plans to put the lot up for sale.

"We're hoping somebody else will have a use for the property and
make it a bigger, nicer place," he said.

Paying for the cleanup has been several times more expensive than
it otherwise would have been.

Armstrong cautions owners of older buildings to have plenty of
insurance to cover a similar situation.

"We're learning all this stuff the hard way," he said.

ASBESTOS UPDATE: Fibro Amnesty Being Probed by Wyong Council
Errol Smith, writing for News Local, reported that the council in
Wyong, New South Wales, in Australia, is considering temporarily
cutting fees for disposing of asbestos at Buttonderry Waste
Disposal Facility near Wyee.  The council hopes the change will
reduce the amount of illegal dumping taking place in the shire and
is preparing a report.

However, the plan depends on whether the NSW government agrees to
exempt the council from paying a waste levy during the amnesty
period and to financially support an extensive public education

Driving the initiative is Cr Greg Best who has described the
illegal dumping of asbestos in the shire as a 'scourge'.  He said
in recent years there has been an increase in the incidence of
illegal dumping, caused in part by the high cost of disposing of
the product at Buttonderry.  Much of the illegal dumping occurs in
the north of the shire, particularly on Darkinjung Land Council
land, where there are large areas of bushland.

Cr Greg Best said he was constantly dismayed at the practice and
was urging council to take steps to remedy the problem, at least
in the short term.  Cr Best said considering the council pays $11m
annually to the State Government for waste dumped at its
Buttonderry facility it's only fair that some of that money be
returned via the asbestos amnesty proposal.

Wyong Council General Manager, Michael Whittaker, has been
directed to prepare the report for presentation to the council.

The report would seek to:

   * Enable people who reside in the Wyong local government area
to safely dispose of asbestos waste from their permanent home at
no cost for a specified period;

   * Be subject to the NSW Environment Protection Authority
granting relevant exemptions such that no waste levy or
contributions are required to be paid by Council in respect to
asbestos waste it receives pursuant to the Asbestos Amnesty

   * include a requirement for educating the public about the
risks associated with the illegal dumping of asbestos and of the
operation of the Asbestos Amnesty program.

ASBESTOS UPDATE: Navy Case Remanded for Insufficient Evidence
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a Chicago federal judge has remanded an asbestos case brought
by a former Navy serviceman on the grounds that a valve
manufacturer failed to provided sufficient evidence showing the
Navy made specific requirements regarding warnings.

Judge Harry D. Leinenweber delivered the May 19 opinion in the
United States District Court for the Northern District of
Illinois, Eastern Division.

Crane Co., a valve manufacturer that used asbestos-containing
component parts when WWII Navy ships were constructed, sought to
remove the case to federal court.

However, because the company failed to provide sufficient
evidence, Judge Leinenweber ruled in favor of plaintiffs Tracy
Earl Horrie, Jr. and Judy Horrie, remanding the case to Cook
County Circuit Court.

Tracy Horrie alleges he developed mesothelioma from asbestos
exposure while serving as a machinist mate in the U.S. Navy from
1964 to 1968, as well as several decades of land-based civilian
work in Illinois and secondary exposure from his father, who
worked as an insulator during Horrie's childhood.

Judge Leinenweber's discussion focuses specifically on Horrie's
service in the Navy.  While in the Navy, Horrie was stationed in
San Diego, Great Lakes, Ill., and aboard the U.S.S. Taussig and
the U.S.S. Frank Knox.

In addition to several other defendants, the plaintiffs blame
Crane for allegedly failing to warn Horrie of asbestos hazards. In
response, Crane filed a notice of removal to the district court,
arguing removal is proper based on the government contractor
defense.  However, the plaintiffs sought to remand the case based
on lack of diversity jurisdiction arguments.

Citing the Boyle decision, the court noted that "in the
procurement of equipment, the federal government's interest, even
though the case was between private parties, could dictate that
case be tried under federal rather than state tort law."  The
court in Boyle further held that "such displacement would only
occur where there is a significant conflict between the federal
interests and state law."  In other words, the government
contractor defense is only applicable when performing federal
contractual obligations conflict with state law.

When applying the Boyle standard to failure to warn claims, a
defendant cannot defeat state law by only establishing the
elements of the government contractor defense with respect to a
design defect claim.  In fact, a defendant must meet three
requirements in order to be entitled to the defense:

   -- It must establish that the government exercised its
discretion and approved certain warnings;

   -- It must establish that the contractor provided the warnings
required by the government; and

   -- It must establish that the contractor warned the government
about dangers in the equipment's use that it knew about but the
government did not.

Turning to the case at hand, Judge Leinenweber examined whether
Crane provided the court with sufficient evidence to avoid remand,
which he concluded is not the case.

Crane's evidence included just two affidavits, consisting of
statements from Anthony D. Pantaleoni, the company's Vice
President of Environment, Health and Safety, and James M. Gates,
former manager of Design Verification of the Marine Division of
Westinghouse Electric Corporation.

Pantaleoni stated that Crane "made and supplied equipment --
including valves -- for Navy ships under contracts between Crane
Co. and the shipyards and/or United States of America,
specifically the Navy Department" and the "manufacture of
equipment . . . was governed by an extensive set of federal
standards and specifications, chiefly military specifications
known as 'Mil-Specs.""

Pantaleoni added that the products supplied by Crane Co. were
manufactured according to Navy specifications, but he failed to
provide details, the court stated.

In Gates' affidavit, he primarily addressed the level of
supervision and control exercised by the Navy over the design and
manufacture of its products, focusing on the specifications
required by the Navy.

Gates explained that the Navy "had ultimate control over the
nature of the warnings communicated to the Navy . . . personnel in
relation to shipboard equipment and materials."

Based on the affidavits, Judge Leinenweber stated that Crane's
supporting documents fall short of providing specifics applicable
to the case.

"All we know for sure is that Crane at some time supplied the Navy
(or a Navy contractor) with valves which were incorporated in the
construction of Navy vessels," he wrote.

Judge Leinenweber added that Crane failed to produce any contracts
under which it supplied valves or anything else to the Navy;
failed to establish that the Navy made specific requirements as to
warnings or prohibited specific warnings for valves supplied by
Crane; and failed to establish that, if there were warning
requirements, they conflicted with Illinois tort law.

He added that Pantaleoni did not even work for Crane when the
products were manufactured and failed to describe the efforts he
may or may not have taken to find actual documentation.

"In this case, the record is silent as to whether Crane was
permitted to warn and, if so, whether any such warning would
conflict with state law," Judge Leinenweber wrote.

ASBESTOS UPDATE: ACT Opposition Demands $5MM Household Assistance
ABC News reported that the ACT Opposition wants the Government to
allocate $5 million emergency assistance for owners of homes
contaminated with Mr Fluffy asbestos insulation.

The Liberals also want a freeze on household rates and land tax
for affected residents.

More than 1,000 Canberra homes are thought to still contain some
Mr Fluffy loose-fill asbestos, despite a Commonwealth program to
remove the potentially deadly fibres from roof spaces.

Some families have been forced out of their homes after being told
remnant asbestos had made it unsafe for them to stay.

Canberra Liberal's leader Jeremy Hanson said responsibility lay
with the Commonwealth but that the ACT Government needed to show

"Waiting for the Commonwealth to stump up with the money
potentially could take a long time," he said.

"This is a problem that needs to be fixed, and there's two issues.
The broader issue of the Commonwealth liability and the long-term
remediation of these homes and how that's going to be done.

"The second issue is that we've got families in crisis and the
only people that can act right here, right now are the ACT
Government and I call on them to do something."

Breathing in asbestos fibres can cause the deadly lung condition
mesothelioma.  Some affected families have been told their clothes
and bedding will need to be destroyed to prevent any fibres
spreading further.

Mr Hanson said the Government sent letters to households which had
Mr Fluffy insulation four months ago but that since then very
little had been done.  ACT Attorney-General Simon Corbell told 666
ABC Canberra he disputed that claim.  He said meetings have been
held with the owners group about emergency assistance and rate

"Remission of rates, the provision of emergency assistance
including some of the measures I've announced in the last few days
are all on the Government's agenda," Mr Corbell said.

"We're working through the details of these issues and I expect to
make further announcements about offsets and ways of saving
households money because of the problems they are facing.

"Particularly the households that are not able to occupy their
properties at the moment."

He confirmed the Government was looking closely at what emergency
assistance could be put in place for a comprehensive response.

All ACT construction workers and trades people who could be
exposed to asbestos must now attend a mandatory course to improve
safety in the industry.  A new government regulation means
employers must ensure staff attend an asbestos awareness course by
September 30, 2014.  The class will also include a specific
session on loose-fill asbestos insulation found in former Mr
Fluffy homes.

ASBESTOS UPDATE: NY Jury Awards 2 Plaintiffs $25MM in Trial
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a New York jury recently entered a $25 million verdict
against Crane Company and in favor of two electricians in a
consolidated asbestos trial.  After a four-week trial and two days
of deliberation in New York County Supreme Court, the six-panel
jury reached a verdict on June 16.  Judge Cynthia S. Kern presided
over the trial.

The jury found that the plaintiffs were exposed to asbestos
products used in connection with Crane's valves as well as
products sold by Crane.  They also found that Crane failed to
provide adequate warnings regarding asbestos hazards when using
its equipment, which they agreed was a substantial contributing
factor in causing the claimants' mesothelioma.

They awarded Dorcas Hackshaw, as executor of the estate of Selwyn
A. Hackshaw, $10 million for past pain and suffering from the
onset of his mesothelioma to the date of his death.

They awarded Ivan and Laraine Sweberg $5 million for past pain and
suffering from the onset of his mesothelioma to the date of the
verdict and $10 million for future pain and suffering. They agreed
that the award for future pain and suffering was intended to cover
1 1/2 years.

The jury also found that Crane acted with reckless disregard for
the safety of others in each case, meaning Crane's percentage of
liability could increase. In other words, it could be held liable
for the remaining amount after prior settlements have been
deducted from the total awards.

While both plaintiffs named several defendants in the trial, only
Crane was left at the time of trial. The jury split liability
among roughly 20 defendants in Hackshaw's case and about 30
defendants in Sweberg's case, apportioning Crane's liability to 20
percent for Hackshaw and nine percent for Sweberg.

Other settled defendants that were apportioned liability for
contributing to the plaintiffs' mesothelioma and failing to warn
of potential asbestos hazards include Garlock Sealing
Technologies, General Electric, National Gypsum, Gould Pumps and
Westinghouse Electric Corp.

Hackshaw alleged her husband worked as an electrician and
pipefitter before developing mesothelioma in late 2012, which
contributed to his death in August 2013 at the age of 74.

According to court records, Hackshaw was born in Curacao, a Dutch
Caribbean island off the coast of Venezuela, where he worked as a
pipefitter and electrician at a water distillation plant and a
Shell Oil refinery from 1957 to 1964.  He later came to the U.S.
in 1967, where he continued his work as an electrician.  As part
of his tasks as an electrician and pipefitter, Hackshaw was
responsible for making and changing asbestos-containing gaskets to
be used in the valves.  He would oftentimes use Crane's Cranite
Asbestos Sheet Gasketing Material to create the gaskets, which
contained between 75 percent and 85 percent asbestos.

Hackshaw testified that he made the gaskets by beating the
material with a ball-peen hammer and then cutting it, a task which
typically formed a cloud of asbestos dust.  He also had to apply
and remove asbestos-containing insulation in order to get to the
Crane valves.

Sweberg, who is 72 years old, also worked as a union electrician,
entering the trade by following in his father's footsteps.
Sweberg was exposed to asbestos from 1962 to 1972 during the
construction, renovation and repair of several New York City
schools and high-rise buildings, court records show.

Dan Kraft, Jr., one of the plaintiffs' trial attorneys, explained
that Sweberg's exposure resulted from others applying asbestos-
containing insulation to boilers, pumps, valves and other
equipment in close proximity to his work station.  Sweberg was
diagnosed with asbestosis in 1997 and made sure to receive CT
scans of his chest to monitor for signs of progression twice a
year. That's when doctors discovered his pleural mesothelioma in

Both plaintiffs were represented by Kraft, Michael Fanelli and
Jerry Kristal of Weitz & Luxenberg.

Crane was represented by James Lowery and Tara Pehush of K&L

ASBESTOS UPDATE: Woman Claims Payment 19 Yrs After Spouse's Death
Natalie Bochenski, writing for Brisbane Times, reported that an
Ipswich, Queensland woman has won the right to claim asbestos
compensation nearly 20 years after her husband's death from

In a test case that could have wider ramifications for relatives
of Queenslanders afflicted with dust-related diseases, the Court
of Appeal found a limitation period of three years should not
apply in Karen Hall's case against Workcover Queensland.

Ms Hall lost her husband Greg in May 1995, just nine months after
his diagnosis. He was 44.

"Our life was supposed to be starting, but it finished," the 62-
year-old said.

"He was a very good provider, a very good father and a very good

She said her teenage sweetheart and father of her three children
had worked in automotive spare parts since he was 15.
"Being a junior he'd have to dust out the bins and in those days
the brake pads and flange gaskets weren't in sealed packages," she

"Also the mechanics building was right next to the spare parts
room through a doorway . . . there was just no protection."

Ms Hall said the speed of her formerly fit husband's decline and
having to become the family breadwinner meant she didn't lodge a
dependent's claim for compensation.

"The doctors wanted me to go for civil action, but I just
couldn't," she said.

"I was a mess for quite a while."

It was only years later while volunteering with the Asbestos
Diseases Society she was encouraged to reconsider.

Martin Rogalski from Turner Freeman Lawyers said the three year
limitation period for asbestos disease sufferers was abolished by
government legislation in July 2010, and Ms Hall's case was lodged
one year later.

In December last year, Supreme Court Justice Debra Mullins upheld
WorkCover Queensland's argument that Ms Hall was barred from
lodging a dependency claim because too much time had passed.

But Ms Hall appealed that decision, and the case went to court on
May 28, 2014 -- the 19th anniversary of Mr Hall's death.

Mr Rogalski said on June 6 Court of Appeal judges McMurdo, Muir
and Atkinson agreed three-nil to overturn Justice Mullins'
decision and allow Ms Hall's appeal to go ahead.

"It opens the door for people who arguably have been barred in the
past, can now bring an action," he said.

Mr Rogalski said if WorkCover Queensland did not appeal to the
High Court, the case would proceed.

WorkCover Queensland said it would not comment on the case while
it was still before the courts.

Ms Hall, who works as an admin officer for a Brisbane training
organisation, said any compensation would mean a great deal to her

"I have six grandchildren, and Greg never got to see any of the
kids' special days . . . weddings, their 21sts, having kids, none
of that," she said.

But she said the rugby league-obsessed family man would never be

"Whenever it's Greg's birthday, the kids go out in the yard and
have a birthday cake for 'Poppy in the Sky'," Ms Hall said.

"My kids have kept him alive, we all do, we keep him alive in the
grandkids' eyes."

ASBESTOS UPDATE: Exposed Workers Required to Complete Training
Kirsten Lawson, writing for The Canberra Times, reported that the
ACT government will require all workers who might be exposed to
asbestos to complete training by September 30, a move that will
have a far-reaching impact across a range of industries in the

About 12,000 workers in more than 64 occupations will have to
complete asbestos training.  The training applies not only to
supervisors but to everyone from apprentices up. It applies not
just to builders but to the broadest range of people working on
homes and property, including cleaners, architects, plumbers,
labourers, landscapers, engineers, fencers, glaziers, locksmiths
and professional handymen.

The full list of construction-industry jobs that will be affected
is at the bottom of this article, but the law goes further than
this list, covering anyone who an employer reasonably believes
will work with asbestos materials. It even extends to people "in
the vicinity" of work where there is a risk of exposure, such as a
designer or colour consultant who does in-home consultations
during renovations of pre-1990 homes. Anyone responsible for
asbestos management plans must be trained, along with building
managers responsible for pre-2004 buildings. Mechanics working
with brake linings are also included.

The four-hour courses, run by the Housing Industry Association,
the Master Builders Association and the training arm of the
Construction, Forestry, Mining and Energy Union, cost about $300 a
head, but the government says organisations running the courses
have rebates for their members.

Workers found without the training after September 30 would face
fines of $6000 for an individual and $30,000 for a business,
Workplace Safety and Industrial Relations Minister Simon Corbell
said. Anyone trained in asbestos before January 2008 must be
retrained, but some asbestos courses since then are acceptable.

The move, to be announced, is one of a series of announcements
from Mr Corbell in response to the unfolding crisis surrounding
the discovery that Mr Fluffy asbestos insulation fibres remain in
up to 1049 Canberra homes, despite the federal clean-up of the
early 1990s. The material was cleared from ceilings but some
remains in walls and sub-floors and, in some cases, in wardrobes
and living areas.

Work Safety Commissioner Mark McCabe said the onus would be on
employers to show staff had been trained, and he would give them
time to ensure it was done.

"If they haven't, we'll direct them to book them into training and
as long as they do that, we'll be happy," he said.

"The problem area in particular is going to be subcontractors. The
big companies pretty much understand it and they've done a lot of
work in this space, but it will take a while for all the small
employers to get their head around it. But once again, we'll take
a co-operative approach."

Mr McCabe welcomed the training as an "excellent step forward",
and he said other states were watching the ACT lead.

Mr Corbell said homes and buildings built before 1990 would
probably contain asbestos, especially in the eaves, internal and
external wall cladding and ceilings, especially in bathrooms and

The training would ensure workers were confident in identifying
asbestos and understood the rules about reporting it, and the
risks. It would not qualify them to disturb asbestos in any
manner, he said.  He also encouraged home owners and DIY
renovators to do the training.

ACT secretary of the CFMEU Dean Hall said the cost of training
would fall below $200 for each worker including the industry
training fund subsidy. Many had been trained during
apprenticeships and in courses, with 500 passing through the
union's course in the past month alone.

The training had paid off, with an apprentice raising an alert at
the Lyneham sportsground, and another identifying asbestos on
heating pipes in a city refurbishment.

"What we're doing here is we're giving two lots of people
security," he said. "We're giving workers who go into houses the
skills to be able to identify asbestos and notify the appropriate
people, and then the other group is people who get work done on
their houses. There's case after case of workers inadvertently or
intentionally ripping houses to pieces and dragging asbestos
through houses . . . Those families should not have been exposed."

Mr Corbell has opened his doors to Mr Fluffy home owners and is
meeting families every day this week.

Occupations affected

The 12,000 construction-industry workers who must be trained (the
list is not exclusive, with the new law covering other workers
also, including mechanics).

* Airconditioning and mechanical services plumber
* Airconditioning and refrigeration mechanic
* Architect
* Backhoe operator
* Bricklayer and stonemason
* Builder's labourer
* Building associate
* Building inspector
* Building insulation installer
* Bulldozer operator
* Cabler (data and telecommunication)
* Carpenter
* Carpenter and joiner
* Civil engineer
* Civil engineering technician
* Commercial cleaner
* Concreter
* Construction project manager
* Construction rigger
* Drainage, sewerage and stormwater labourer
* Drainer
* Earthmoving labourer
* Earthmoving plant operator (general)
* Electrical engineer
* Electrical engineering technician
* Electrical or telecommunications trades assistant
* Electrician (general)
* Electrician (special class)
* Electronics engineer
* Engineering manager
* Excavator operator
* Fencer
* Fibrous plasterer
* Floor finisher
* Gasfitter
* Geotechnical engineer
* Glazier
* Handyperson
* Home improvement installer
* Interior decorator
* Joiner
* Lagger
* Landscape architect
* Lift mechanic
* Loader operator
* Locksmith
* Mechanical engineering technician
* Painting trades worker
* Plumber
* Plumber's assistant
* Plumbing inspector
* Project builder
* Roof plumber
* Roof tiler
* Safety inspector
* Scaffolder
* Sign erector
* Solid plasterer
* Steel fixer
* Stonemason
* Structural engineer
* Structural steel erector
* Wall and floor tiler
* Welder (first class)

ASBESTOS UPDATE: Fibro Problems Found at 20 Independent Schools
The Construction Index reported that 20 schools have received
improvement notices from the U.K. Health & Safety Executive (HSE)
because of their inadequate control of asbestos hazards.

The HSE undertook a schools inspection programme last year to
check up on asbestos issues and has now published the results.
HSE inspected a sample of 153 non-local authority schools between
April 2013 and January 2014. These included independent, voluntary
aided and foundation schools, free schools and academies.

The majority of schools inspected (71%) required either no further
action or were given straightforward, simple advice. However, 29%
(44 schools) received written advice from HSE, and 13% (20
schools) were subject to enforcement action, in the form of
improvement notices.

The improvement notices set out a requirement for the schools to
improve arrangements for managing asbestos. Enforcement action was
taken over failures such as training staff and producing written
management plans -- not because staff or pupils were considered at
significant risk of exposure, but because these are vital elements
of the required control measures. The key group of personnel at
risk from asbestos is tradespeople -- particularly those
undertaking maintenance activities.  The HSE said that it was
"vital that schools ensure that anyone who may disturb asbestos is
made aware of its location and condition".

Compliance with the Control of Asbestos Regulations in England,
Scotland and Wales showed an overall improvement compared with
that found in a similar survey and inspection programme of 164
schools outside local authority control in 2010/11 where 41
improvement notices were served on 28 schools.

Geoff Cox, the head of HSE's public services sector, said: "Over
the last few years there has been a lot of work by stakeholders
across the school sector to raise awareness of the duty to manage
asbestos. It is really encouraging to see that awareness of the
requirements has increased since our previous inspection

"That said, schools should not be under any illusion -- managing
asbestos requires ongoing attention. Schools now have access to a
wealth of guidance setting out clear and straightforward steps to
achieve and maintain compliance.

"Where duty holders fall below acceptable standards, HSE has
taken, and will continue to take, enforcement action"

ASBESTOS UPDATE: Entrprize Satisfies Conditions in Metalclad Deal
Entrprize Corp announced its progress in achieving a settlement
with one of the parties in a multiple-party lawsuit brought
against its indirect subsidiary, Metalclad Insulation LLC, in

The Company states: "Metalclad Insulation LLC and certain of its
affiliates ("Metalclad"), which are direct and indirect
subsidiaries of Entrprize Corp, were historically engaged in
installing and removing asbestos insulation materials. As a
result, Metalclad has been subject to numerous lawsuits alleging
bodily injury from exposure to asbestos. As previously reported,
since February, 2005, Metalclad has been involved in litigation
(the "Lawsuit") with a number of historical insurers, including
Hartford Accident and Indemnity Company, and several of its
affiliates ("Hartford"), regarding whether, and to what extent,
those insurers were and are responsible for indemnifying Metalclad
against liability for alleged asbestos related injuries.

"In an Information Statement dated April 9, 2014 (the "Information
Statement"), sent out to all of our shareholders, we explained
that Entrprize Corp had entered into a Settlement Agreement with
Hartford on December 3, 2013. The Settlement Agreement settled the
Lawsuit as between Metalclad and Hartford, but not the other
insurers in the Lawsuit. The transactions called for by the
Settlement Agreement were closed on March 26, 2014, subject to
certain conditions which had to be met by June 24, 2014. Those
conditions have been met, and on June 16, 2014, as part of the
settlement, Entrprize Corp received $1,050,000 from Hartford
($3,000,000 called for by the Settlement Agreement, less
$1,950,000 advanced to Metalclad by Hartford for operating
expenses). In addition, Hartford paid $12,000,000 into an escrow
account, up to $7,000,000 of which will be paid to Entrprize Corp
upon the satisfaction of certain conditions described in the
Information Statement, and the remainder paid over a five year
period beginning one year after such conditions have been

"For various reasons, including those specified in the Settlement
Agreement, the amount which may eventually be paid to Entrprize
Corp out of the escrow account could be materially less than the
amount deposited."

ASBESTOS UPDATE: Anco Takes Fibro Coverage Dispute to 5th Cir.
Anco Insulations Inc. asked the Fifth Circuit to overturn a lower
court's ruling that National Union Fire Insurance Co. isn't liable
for defense costs related to a slew of asbestos-related suits,
saying the lower court ignored unopposed expert testimony.

A trial court had granted National Union partial summary judgment,
determining that the insurance company has no obligation to
participate in the defense of suits filed against Anco prior to
2009. But on Friday, Anco appealed to the Fifth Circuit, saying
that its own, unopposed expert witness testimony, which proved
that the insurer should be forced to be a part of the suit, was
ignored by the trial court.

"As did the trial court, National Union cherry picks favorable
evidence, ignores unfavorable evidence and impermissibly weighs
conflicting evidence in reaching its conclusion that it has no
obligation to participate in the defense of suits filed against
Anco prior to 2009," Anco's appeal said. "The summary judgments
entered in favor of National Union must be reversed and this
matter remanded to the trial court for further proceedings."

According to Anco, its claims handling and bad faith expert
witness James F. Cerone showed that National Union's response to
being notified of certain asbestos-related suits in the year 2000
was unsatisfactory. Because of this, Anco did not know whether
certain policies provided for asbestos coverage, leading to a
litany of lawsuits that it could not properly defend, the appeal

"The trial court's judgments should be overturned on this basis
alone," the company said. "There is uncontested expert opinion
that National Union's response . . . was substandard, which
resulted in Anco's mistaken belief that the National Union
policies afforded no asbestos coverage."

According to the appeal, National Union simply chose not to
conduct a policy search to find whether certain policies contained
asbestos exclusions, despite having access to all claims against
Anco as of at least March 2000. Cerone's testimony noted that
National Union "violated industry standards" by failing to conduct
the 2000 policy search.

"National Union cannot be allowed to put on blinders and then
complain about the view," the appeal said. "National Union clearly
has a duty to participate in the defense of Anco at least as of

Additionally, Anco said that National Union never bothered to
depose Cerone, file a motion challenging his opinions or retain an
expert of its own to counter his testimony.

"Accordingly, Mr. Cerone's testimony stands unopposed," the appeal
said. "At a minimum, National Union has a duty to participate in
the suits tendered in April 2009 as of the date of the tender and
to the extend they were ongoing.

Anco, an asbestos insulation manufacturer, has been sued by
thousands of individuals alleging bodily injury as a result of
their exposure to asbestos. Over the years, Anco has tendered
those suits to three of its primary insurance carriers -- American
Guarantee & Liability Insurance Co., Royal Indemnity Co. and
Zurich American Insurance Co.

Representatives for Anco and National Union did not immediately
respond to requests for comment.

Anco is represented of  Glen E. Mercer and Kourtney T. French of
Salley Hite Mercer & Resor LLC.

National Union is represented by Richard A. Cozad of McAlpine &
Cozad and Robert I. Siegel of Gieger Laborde & Laperouse LLC.

The case is Anco Insulations Inc. v. National Union Fire Insurance
Co., case number 13-31313, in the U.S. Court of Appeals for the
Fifth Circuit.

ASBESTOS UPDATE: NY Official Gets Probation in Demolition Case
The Buffalo News reported that one of the workers who tried to
cover up the botched demolition of the Kensington Heights public
housing complex, in Buffalo, New York, was sentenced by U.S.
Magistrate Judge Jeremiah J. McCarthy to a year of probation.

Henry Hawkins, a compliance monitor on the failed project, had
previously admitted falsifying inspection reports in order to
protect Johnson Contracting, the now-defunct Buffalo company hired
to remove asbestos from the complex's six towers.

Patrick J. Brown, Hawkins' defense lawyer, said his client regrets
his actions and has suffered a loss of reputation as a result of
his criminal conduct.  Hawkins was one of 11 defendants -- nine
individuals and two companies -- charged in connection with the
asbestos-removal project on Fillmore Avenue.

The case was investigated by the FBI, U.S. Environmental
Protection Agency, U.S. Department of Housing and Urban
Development and the state Department of Environmental
Conservation, and prosecuted by Assistant U.S. Attorney Aaron J.

ASBESTOS UPDATE: Fibro Quadrupled Cost to Raze Former School
Tim Hrenchir, writing for CJOnline.com, reported that the presence
of asbestos has more than quadrupled the anticipated cost of
razing the former Van Buren Grade School building, an official in
the city of Topeka, Kansas, says.

Broken windows, overgrown grass and weeds and a notice of
impending demolition attached to a chain-link fence were present
at the three-story brick building at 1601 S.W. Van Buren.

Topeka police Maj. Darin Scott, special assistant for
neighborhoods to city manager Jim Colson, talked about the
building at a meeting of the city council's budget committee of
the whole.

Scott came to the microphone after Mayor Larry Wolgast said he had
heard Topekans express particular interest in seeing the city set
aside sufficient funding to demolish unsafe buildings.

Scott told The Topeka Capital-Journal the city staff has taken the
required steps to arrange for the demolition of the former Van
Buren school. City administrative hearing officer Lloyd Swartz
last August cleared the way to raze the building by declaring it
unfit for human use or habitation. A copy of the order can be
found at http://cjon.co/1pkHthj.

City council approval isn't required to tear down the structure,
as it isn't within the environs of a historic district and hasn't
been designated as a historic landmark.

Capital-Journal archives show the former Van Buren school was
built in 1910. It accommodated only white students before being
integrated after the 1954 Board v. Board of Education Supreme
Court decision.

Capital-Journal archives also show the building was subsequently
closed as a school, used as an annex by Topeka Unified School
District 501, sold to the Topeka Teachers Credit Union, then
became the home of Kansas Surplus Exchange, a nonprofit
clearinghouse of office furnishings for charitable organizations.

Shawnee County appraisal records show the property is owned by
Joshua Mattox, of Holton, whom The Capital-Journal tried
unsuccessfully to contact.

Scott told the council the building was most recently purchased at
a cost of "like a dollar," with the purpose of putting a school
there.  But Scott said the roof since has leaked badly while the
floors "have pancaked down on top of each other."  He added that
as the city staff sought to work with the owner to arrange to have
the building razed, people were entering and cutting away floor
joists, causing more structural damage.  Scott told The Capital-
Journal that the building's owner hasn't returned phone calls in
the past two months from the city, which doesn't know where to
find him.

Meanwhile, questions remain about how the city will go about
financing the demolition.  The former school stands just east
across an alley from a vacant lot at 1600 S.W. Harrison, which
formerly was the site for more than 90 years of a building that
housed a church.  Council members voted last year to demolish that
church, which then sustained considerable damage in a fire before
being razed.

Scott told council members the fire resulted in the city's costs
to raze the former church being lower than expected.  He added
that it initially appeared the cost of demolishing the former Van
Buren school would be $48,900, which could come from unused money
that had been earmarked for razing the church.

But Scott said the discovery of asbestos in the former school
raised the anticipated cost for demolishing it to $219,000.  He
said the city still has $95,000 left over in a fund to be used to
demolish unsafe buildings this year.

Scott said the city staff is trying to figure out how to arrange
so it can afford to tear down the former Van Buren school and
still have money left to raze other buildings.  He said the
demolition of a house in a residential district tends to cost
between $8,500 and $14,000 -- as long as no asbestos is present.

ASBESTOS UPDATE: Canberra Fibro Homes Need Federal Help
The Australian Associated Press reported that the toxic fingers of
Mr Fluffy have forced some Canberrans from their contaminated
homes as governments decide how to remove deadly asbestos.

About 1000 Canberra houses had loose-fill asbestos installed by
insulation company Mr Fluffy up to 40 years ago.  While a $100
million federal government program removed the toxic material
between 1989 and 1993, residual fibres have since been discovered
in some of the homes.

Now some residents are facing the dual prospect of having their
homes demolished while facing long-term health risks.

"I'm in the middle of tests for mesothelioma at the moment; it's
pretty scary," Karen Rush told the ABC.  She bought her house in
1994 after it was supposedly cleared of Mr Fluffy asbestos, but a
recent assessment found remnant asbestos fibres in the walls and
sub-floor.  Ms Rush and her daughter lived in the house while it
was being renovated.

"We lived grossly in amongst that grey stuff," she said.

The ACT government has set up a dedicated taskforce to provide
affected residents with practical assistance and advice.  But the
government and opposition believe liability lies with the
Commonwealth because it ran the territory at the time Mr Fluffy

ACT opposition leader Jeremy Hanson insists action is needed now
and has called on the ACT government to set up a $5 million
emergency fund.

Liberal senator for the ACT, Zed Seselja, has raised the matter
several times with his federal government colleagues.

A spokeswoman told AAP the senator thinks there could be a role
for the Commonwealth.

Employment Minister Eric Abetz has been contacted for comment.
ACT Attorney-General Simon Corbell likens "Mr Fluffy" home owners
to those who've lost houses in flood or fire.

"Like an advancing tide that is engulfing homes and families one
at a time, there is a sense of loss, uncertainty, financial
hardship and overwhelming concern about their financial and
physical wellbeing," he said.

It's not known how many houses are still affected.

A spokeswoman for Senator Abetz later told AAP federal officials
were working closely with the ACT government to provide technical
expertise and support.

ASBESTOS UPDATE: ACT Gov't Taskforce Announcement Stirs Anger
Clarissa Thorpe and Lisa Mosley, writing for ABC News, reported
that owners of homes in Canberra, Australia, affected by Mr Fluffy
asbestos have reacted angrily to an ACT Government decision to
establish a taskforce rather than offer immediate financial

More than 1,000 Canberra homes may still contain remnant asbestos
after loose-fill insulation was installed by the Mr Fluffy company
in the 1960s and 1970s.

A Commonwealth clean-up program failed to remove all asbestos
traces, and some families have been forced to move out after
potentially deadly fibres were discovered.

The ACT Government announced it would establish an Asbestos
Response Taskforce to provide assistance, information and advice.

But Mr Fluffy homeowner Karen Rush said urgent emergency
assistance was needed, not a committee.

"We have displaced people, we have family breakdowns, and we have
all sorts of urgent things happening within the Fluffy community
and the Government's saying I'll think about it, and I'll talk
about it," she said.

"It's not good enough, there needs to be short-term support right
now, and then there needs to be strategic stuff decided. "

Canberra bushfire victims' emergency funding cited

Ms Rush cites the precedent of emergency assistance offered to
families soon after almost 500 homes were lost in the 2003
Canberra bushfires.

"We do have families right now, that need help right now," she

"That should be addressed before Katy [Gallagher] and all of her
team, and the Opposition, go off on school holidays with their

"I'm telling you that none of the Fluffy families will be able to
go on school holidays with their families. It is just not a goer."

Brianna Heseltine from the Fluffy Owners and Residents' Action
Group said affected families were upset.  She said they
desperately wanted practical response measures.

"The only factor in relation to hardship that needs to be
considered is living in a Mr Fluffy home," Ms Heseltine said.

Chief Minister Katy Gallagher has confirmed the Cabinet will meet
to discuss a possible Government assistance package.

ASBESTOS UPDATE: Stonemasons Back ACT Fibro Training Scheme
Fleta Page, writing for The Canberra Times, reported that Nathan
Ellwood doesn't come across asbestos in his work as a commercial
stonemason, but he's among the thousands of construction industry
workers who has done or is about to do asbestos training to comply
with new ACT legislation.

Mr Ellwood, who owns Earthage Stone Masonry, along with two of his
employees have already completed his training, and five more of
his employees will complete it at a cost of $197 a person.

But despite the expense, Mr Ellwood thinks it's not such a bad

"Coming from New Zealand, I didn't really know what asbestos was,
[so] I think it is beneficial," he said.

"It is tax-deductible training. The way I look at it is if they
[my employees] have got knowledge of asbestos and it's going to
save their life, the $197 doesn't really worry me.

"I know some of my mates have a different opinion -- they're a lot
smaller and they don't see why they have to do it.

"I'm more commercial, so I don't really work around old houses,
but in saying that we did work in Lyneham where they did find
asbestos. But they found that way before we got there."

Another Canberra stonemason who didn't wish to be named said they
shouldn't be coming across asbestos on a work site.

"For us to find asbestos is a massive failure of all the systems
before us.

"For me as a person, [the training] was probably useful, but as a
tradesman it was a total waste of time," he said, noting he had
sheet asbestos in his own home.

Another industry named in the legislation needing asbestos
training was interior decorating, something interior designer and
decorator Catherine Henderson believes should actually be
"interior designers".

"Designers tell you to knock a wall out, decorators will say to
put a curtain on it -- there's a big difference between decorators
and designers; there's crossover but it's designers not decorators
[more likely to be exposed to asbestos]," she said.

Ms Henderson said it was unlikely she would come across asbestos,
but didn't think training was an illogical requirement.

"I might say 'we need to knock that wall out', but it's the
builder who makes the decision and gets in the walls and the
ceiling and says 'yeah we can do that' or 'no we can't'," she

"But look, the more you know about this stuff, even if it only
came up once and it stopped someone getting asbestosis then it
could be good.

"I suppose it would be good for me to know what I can advise [home
renovators] to do if they're planning to do it [renovate]
themselves -- what you need to look out for."

Ms Henderson thought the cost -- up to about $300 -- seemed a bit
high for a four-hour training session.

ASBESTOS UPDATE: Costly Abatement Adds to Louisiana School Budget
WAFB.com reported that the plan to demolish the old Central Middle
School in Louisiana, has been in the works for some time. Before
any demolition can be taken care of, asbestos found in the
building needs to be eliminated, and that will add extra time and
extra bucks to the project.

"We have issues to deal with," said Central Schools Superintendent
Michael Faulk. "The asbestos abatement, the actual demolition of
buildings, clearing off all the debris."

The asbestos abatement has added a bit more time and a bit more
money to the project.  But why?

"In the report we had, it listed the asbestos. When they
transferred the information from the report, to the
specifications, that part was not placed in it," said Faulk.

Because the asbestos wasn't in the original bid, they've had to
add some more unexpected time and cash. The original bid was about
$300,000. But the asbestos added another $120,000 for a grand
total of $450,000.  They budgeted for $1 million, so it is still
far less.

ASBESTOS UPDATE: Marks & Spencer Ex-Worker Inflicted with Cancer
David Conn, writing for The Guardian, reported that Janice Allen
sits in the conservatory in her cosy semi-detached house in
Harrow, husband Stuart alongside her, explaining how their lives
have been devastated after she was diagnosed with the deadly
cancer mesothelioma, caused by being exposed to asbestos when she
worked at Marks & Spencer up to 36 years ago.

Her lawyer, Harminder Bains of Leigh Day, who took on the legal
claim in which M&S have admitted breaching their duty of care to
Allen, is warning that many more hard-working, as yet oblivious
members of the public could comprise a "third phase" of people
stricken by exposure to asbestos. Bains says that inadequate
safety procedures, in breach of the strict law on asbestos-handing
and removal, means the public must have been exposed. First of
all, industrial and construction workers handled asbestos when it
was considered an invaluable fire-proof material until its dangers
were recognised in the 1970s, before maintenance workers were
exposed in those buildings.

"Before this happened," Allen says, "I had never heard of
mesothelioma, I barely knew about asbestos. I never would have
dreamed that I would be affected by it. It has been devastating."

She and Stuart met when they both worked at M&S; he was 18, she
19, his supervisor on the men's shirts section of the flagship
Oxford Street store in London near Marble Arch. They recall
working hard, being made to feel part of an M&S family, that the
company cared. Thursdays were late-night shopping and pay day, and
they would often go to the pub, the Marlborough Head, after work.
Janice, now 53, worked for nine years, 1988-87, at Marble Arch
then M&S in Uxbridge until they had their first child, Matthew,
now 26, then their daughter, Louise, now 24. Stuart stayed at M&S
for 22 years, working his way up to becoming a business analyst,
until he left in 2001.

"Marks & Spencer engender this complete loyalty; they had welfare
for staff, hairdressing, when they celebrated 100 years as a
company [in 1984] we were all given books on the history," Janice
says. "Now I feel so angry and betrayed. To know that behind the
scenes it is so cynical they did not even care for the health and
safety of their own employees -- it is beyond words. I was only 18
when I joined, I thought I had a secure job, and now every day I
wish I could turn the clock back and had never, ever gone to work
for them."

After the children went to school, Janice herself worked in
schools, latterly as a higher level teaching assistant for
secondary school children with special educational needs, a job
she loved. She and Stuart were looking forward to a little more
comfort, and holidays, in the forthcoming years, but the end of
their plans came after Janice woke up one morning in the summer of
2012 with agonising pain in her ribs. It was, she says, "like a
shard of glass going through my muscle".

The pain eased for several months, until in March 2013 the agony
returned. She went through a series of tests and X-rays, until in
April 2013 she was diagnosed with mesothelioma. It is a cancer in
the outer lining of the lung, caused from cells forming around
asbestos, possibly just a single deadly fibre, which can have been
inhaled decades before.

"It has been devastating, the shock of the diagnosis," Janice
says. "It was disbelief, at how this could happen, and to realise
it is not curable, although it is treatable -- I am having to hang
on to that. My first reactions were to go completely into
depression and extreme anxiety. Without the help of Macmillan
nurses and the hospital, I would be having terrible trouble
functioning normally now."

She did not think for some time about suing M&S, but through her
stepmother, she heard about Marks & Spencer having been
prosecuted, for illegally unsafe handling of asbestos at the
Reading store, for which the firm was fined GBP1m in 2011, and
sued by former employees, in cases which settled rather than
reached a judgment.

Bains, an asbestos specialist, applied for a court order that M&S
disclose documents relating to the Marble Arch and Uxbridge stores
where Janice Allen worked, including surveys of the stores which
would show the prevalence of asbestos. M&S did not disclose the
documents. But in April M&S formally admitted in court that it:
"In breach of duty, exposed [Janice Allen] to asbestos fibres,
during the course of her employment with them." The company
declined to comment on its breach of duty to Allen, but stressed
it took place in the 1970s and 80s.

In a statement the company said: "We are confident that we now
have the most rigorous policy we can have in place and that M&S
stores are safe for our employees and our customers."

That admission does raise the alarming possibility that in the
past, many other people, in places as public as M&S's large
stores, may have contracted the deadly disease previously
associated with unfortunate industrial and maintenance workers.

"I hope my case will bring some attention on to this," Allen says.
"When we understood how much asbestos there was, the degree of
risk we were exposed to, we felt so angry. Throughout our time,
nobody ever said anything about it."

ASBESTOS UPDATE: Judge Found False Representation Claims Weak
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a North Carolina federal court granted dismissal of false
representation/fraud claims for eight defendants in an asbestos
lawsuit based on the plaintiffs' poor arguments and failure to
support their allegations.

Judge Terrence W. Boyle of the United States District Court for
the Eastern District of North Carolina delivered the June 9

Plaintiffs Brenda Ricks and John Sam Ricks, Jr., claims John Ricks
was exposed to asbestos, resulting in his development of
mesothelioma.  The lawsuit blamed more than 30 defendants of
negligence, breach of implied warranty, willful and wanton
conduct, false representation/fraud, failure to warn and loss of

Defendants Ford Motor Company, Terex Corporation, Armstrong
International, Inc., Ingersoll Rand Company, Trane U.S., Inc.,
Velan Valve Corp., WABCO Holdings Inc. and SPX Corporation all
moved individually to dismiss the fourth cause of action alleging
false representation/fraud.

Addressing the motions as one, Boyle wrote that the defendants'
motions challenge the legal sufficiency of the complaint.

Boyle added that in order to claim fraud in a lawsuit, a plaintiff
must allege false representation or concealment of a material
fact, the defendant reasonably calculated to deceive, the
defendant's action was made with intent to deceive, which does in
fact deceive and resulted in damage to the injured party.

Complaints alleging fraud cannot survive on general allegations,
he explained.

The plaintiff must particularly include the specific "time, place
and content of the fraudulent representation, identity of the
person making the representation and what was obtained as a result
of the fraudulent acts or representations," the order states.

However, the plaintiffs only included vague and conclusory
allegations of fraud against the defendants in their suit, failing
to provide any specific misrepresentations, he ruled.

"Therefore, the complaint fails to sufficiently allege fraud in
that it fails to state a claim for which relief can be granted,"
Boyle wrote.

The plaintiffs have also failed to respond to any of the motions,
nor have they provided any detailed allegations on the matter.

"Thus the court finds that plaintiffs have had adequate notice and
opportunity to respond regarding the sufficiency their fourth
claim for relief," Boyle wrote.

As a result, Boyle granted the defendants' motion to dismiss the
claim for false representation/fraud.

Also, because the plaintiffs failed to respond and support the
sufficiency of their fraud claim, the court further dismissed the
fourth claim as to all of the defendants named in the lawsuit.

ASBESTOS UPDATE: Fibro Contained After Fire Damages School
Heidi Braithwaite, writing for Courier Mail, reported June 26 that
students at Woodridge North State School, in Queensland,
Australia, are safe despite a fire having caused significant
damage to a building containing asbestos over the weekend.

Fire broke out in a lower level classroom around 5.35pm on a

A Department of Community Safety spokesperson said six
firefighters wearing breathing apparatus forced entry into the
building and brought it under control just before 6pm.  She said
the fire was confined to one bottom level classroom and verandah
which sustained significant damage.

A spokeswoman from the Department of Education said air monitoring
was conducted which determined that the rest of the school was
safe for students and staff to occupy.

ASBESTOS UPDATE: Sioux City Building Owner Faces Fibro Case
The Associated Press reported that the owner of the former YMCA
building in Sioux City, Iowa, has been indicted, accused of
several asbestos removal violations.

The Sioux City Journal says Larry Wolf is charged with nine counts
of work practice standards violations and one count each of
failing to notify state and federal agencies of his intent to do
renovation work and making false statements to the federal
Environmental Protection Agency.

Wolf told the newspaper that he didn't renovate the building but
declined to comment further.

The indictment says Wolf had insulation containing asbestos
removed from pipes inside the building and didn't follow proper
removal and disposal procedures. A court document says Wolf denied
removing any asbestos and told investigators he removed only metal
pipes that had no insulation attached.

ASBESTOS UPDATE: Abatement, New Flooring Planned for Bowie School
Faith Huffman, writing for MySSSNews.com, reported that trustees
for Sulphur Springs Independent School District, in Texas, during
a special meeting approved spending $163,000 to abate asbestos and
replace carpet at Bowie Primary School, and designated up to
$241,244 for replacement of district heating, ventilation and air
conditioning units.

SSISD Superintendent Mike Lamb explained that the district at the
end of each school year tallies the funds allocated to certain
purposes but not spent. The district also compiles a list of items
needing repairs or upgrades, essentially a wish list. District
personnel evaluate that list and utilize that pooled money to fund
some of those projects.

The asbestos removal project at Bowie, truck and HVAC units are
among those projects, he noted.

Lamb said both Bowie and Lamar Primary schools are among the last
campuses in need of carpet replacement and asbestos abatement,
required when certain older tiles are removed but not when carpet
is replaced. The district plans to have about 32,000 square feet
of tile replaced at Bowie this summer abating asbestos in the
process, then replace it with vinyl  tiles. Next year, the same
would be done where needed at Lamar.

He said a student's allergies to an unknown substance at school
were a factor in determining which of the two campuses to abate
this summer and which next.

Trustees approved spending $86,000 for asbestos abatement and
another $77,000 to have the new vinyl clad tile installed.

SSISD Maintenance and Grounds Director Dan Froneberger noted that
contracts could be let and abatement beginning within 15 days.

Trustees also agreed to spend up to $61,513 to replace HVAC units
in the high school cafeteria and gymnasium and up to $179,131 to
replace 31 HVAC units with cracked heat exchangers at various

Lamb noted that the district has a repair-replacement schedule, in
which about 30 of the oldest HVAC units are replaced. The 31 HVAC
units are not necessarily part of the originally scheduled group.
He explained the district has been operating in "emergency mode"
similar to a situation which arose at Christmas time. These 30
would be emergency replacements, then the other 30 would be
replaced after.

ASBESTOS UPDATE: Fibro Problems Spread Across Canberra Suburbs
ABC News reported that homes affected by Mr Fluffy asbestos are
spread widely across 70 Canberra suburbs, data released by the ACT
Government has shown.  The data reveals the number of houses per
suburb that were found to contain the loose-fill amosite asbestos
during a Commonwealth survey carried out in the late 1980s.  The
list shows the highest concentration of Mr Fluffy houses was in
Kambah with 103 sites.

There were 43 in Curtin and 40 in nearby Pearce.  The houses were
not limited to the city's older inner suburbs, but spread north as
far as Hall and south as far as Tharwa.

The asbestos was installed by insulation company Mr Fluffy during
the 1960s and 1970s.  A Commonwealth clean-up program between 1988
and 1993 was thought to have fixed the problem in 1,049 homes, but
fibres have since been found in some houses.  That has left many
homeowners in limbo, unable to live in, rent, or sell their

The new data shows there were at least 41 more Mr Fluffy homes
than the 1,049 that were remediated after the survey.  The
Government said that was because some homes were demolished.  But
Chief Minister Katy Gallagher has told 666 ABC Canberra there may
be more unidentified houses.

"There has been about six houses in the last 10 years that have
been found to be missed houses, that is, they weren't involved in
the removal program but they did contain loose-fill asbestos in
the insulation," she said.

"It's rare but there are houses that were missed."

Ms Gallagher said if homeowners were worried they should organise
a licensed asbestos assessor to check their home.

"The Mr Fluffy business . . . operated in a sort of lone operation
and didn't have excellent business records, as I understand, but
we know that the limit was around 1,000 houses," she said.

"We've got those records, and we've written to all those

"We're trying to get people to register with us through Canberra
Connect because [while] we have the addresses, we don't
necessarily have the names of the people living in those houses

        Asbestos taskforce puts focus on individual families

The ACT Government is setting up an asbestos taskforce to assist
families and will rollout training to all workers who might be
exposed to deadly fibres.

Asbestos Response Taskforce head Andrew Kefford told 666 ABC
Canberra he was working to establish relationships with affected
homeowners to discuss their individual cases.

"My priority right now is with the families that are in the homes
now," he said.

"At a human level, this is a very significant issue facing our
families -- people who, in many cases, don't know or haven't
understood the complexity of the issues that Mr Fluffy poses.

"It really is their world turned upside down."

We are unique in the world in having raw, crushed asbestos sprayed
into people's houses.

The Government has also sent letters to real estate agents
reminding them of their legal obligations when selling or renting
asbestos-affected houses. Real estate agents can be fined more
than $1 million if they fail to advise potential buyers of the
asbestos status of a house.

Mr Kefford said the taskforce was working with the Real Estate
Institute and conveyancing solicitors to ensure every one was on
the same page.

"On the building file that comes with the contract of sale there
are a number of documents that indicate if a house has been part
of the Mr Fluffy program," he said.

"If you are contemplating buying a house, my advice would be to
ensure that your agent and your conveyancing solicitor have looked
carefully at the file."

            Help sought from Commonwealth Government

Mr Kefford said the taskforce was considering all options to fix
the problem once and for all, including demolishing homes.

"We are unique in the world in having raw, crushed asbestos
sprayed into people's houses," he said.

"So this is an issue on which we are seeking national expertise to
what advice we can provide."

Ms Gallagher said meetings with the Commonwealth regarding
assistance were also proving productive.

"They're very engaged with us. We haven't got to the detail on how
they're going to help, but at least they're at the table talking
with us," she said.

"We're sharing with them what we've learnt, with the assessment
reports that have been coming back, to let them know how serious
we think this problem is and that it needs a complete and total
solution now."

"There definitely the ACT Government can't do it, and it's not
fair on individual homeowners that they carry the burden of the
Commonwealth's legacy."

The ACT Government is expected to make more announcements
regarding assistance.

ASBESTOS UPDATE: NSW Adopts Incentive Plan to Reduce Dumping
The state government in New South Wales, Australia, is hoping that
a new incentive scheme to dump asbestos will reduce the amount
illegally dumped.

The state government hopes that a $50 incentive to be offered to
north-coast home renovators from July 1 and the offer of free
disposal will eliminate the dangerous practice of dumping asbestos
in public places.

Environment minister Rob Stokes said that the NSW EPA trial will
make it easier and cheaper and easier disposal for home renovators
to dispose of small amounts of wrapped bonded asbestos.

'The limit for an individual under the asbestos trial scheme is
five tonnes and is based on the average house in western Sydney
built in the 1950's having fourtonnes of asbestos,' Mr Stokes

'In addition, the NSW EPA will waive the waste levy on bonded
asbestos disposed of in these trial areas to assess whether there
is change in illegal dumping incidents.'

Participating north-coast councils include Ballina, Byron,
Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed.

'Illegal dumping is costly to clean up and potentially harmful to
human health and the environment,' Mr Stokes said.

'This trial will assess how effective a more affordable and
accessible asbestos disposal scheme will be in reducing instances
of illegally dumped asbestos waste,' he added.

Readers are advised to check with their councils as to which waste
disposal centres will accept the asbestos.

ASBESTOS UPDATE: Family of Edinburgh Fibro Victim Wins Damages
John Bynorth, writing for The Herald, reported that relatives of a
man who died after being exposed to asbestos are to be awarded
substantial damages after a ruling at the Court of Session in
Edinburgh, Scotland.

James Gallagher died aged 70 from the cancer mesothelioma, which
his family have always claimed was linked to his career as an
instrument mechanic for various companies.

Lord Uist has now ruled the family should receive substantial
damages regarding the death of their loved one. The decision is in
line with a ruling made in another recent case.

Mr Gallagher's family, from Stevenston, North Ayrshire, described
the decision as an important step. And their lawyers, Irwin
Mitchell, says they hope people in a similar position to Mr
Gallagher will also benefit from the decision.

Elaine Russell of Irwin Mitchell said: "Mr Gallagher was a
remarkable man and his family, like so many we act for in cases
related to asbestos-related disease, were devastated by his
unexpected illness and death.

"We are delighted with this judgment which represents justice for
the family of the late Mr Gallagher. Furthermore, the detail of
Lord Uist's judgment, including the reasons why the case of McGee
[which was not asbestos-related] could be applied to this
scenario, and the importance of leading evidence in relation to
family relationships, further develops the law in relation to
fatal cases in Scotland."

Mr Gallagher's widow, Margaret Ann, 70, said: "We're so very
relieved that the legal battle in relation my husband's death has
come to an end and want to now look to the future after a
difficult four years."

ASBESTOS UPDATE: Queanbeyan Residents Told Fibro Homes Are Safe
Kirsten Lawson, writing for The Canberra Times, reported that New
South Wales health authorities are still insisting it is safe to
live with Mr Fluffy asbestos insulation in the ceiling, despite an
increasing number of prohibition notices on homes in Canberra
where remnant fibres have been found.

Queanbeyan City Council will write to city's 11 properties on
record as having the loose-fill asbestos in their ceilings in the
next fortnight to remind them it is there.

One of those properties is a two-storey block of flats with Mr
Fluffy asbestos throughout the second storey ceiling cavity -- a
building that had material falling through cornices when Robson
Environmental inspected it two years ago.

But the council is still relying on advice from NSW Health that
the homes are safe to live in, as long as the asbestos is confined
to the ceiling.

A NSW Ministry of Health spokesman said "the asbestos does not
constitute a risk if the structural integrity of the roof space
and walls is not breached" and residents do not enter their roof

The advice is in stark contrast to the response in Canberra, where
people with remnant fibres in their homes after a clean-up 20
years ago are being told to leave their homes.

Asbestos Diseases Foundation president Barry Robson rejected the
suggestion living in a Mr Fluffy home could be safe, and said he
was surprised at the NSW Health advice.

"While it's sitting in that roof cavity the fibres work themselves
down. The roof cavity is not airtight, as you know, when the wind
blows and all the rest of it, it does force that dust to move,"
Mr Robson, also a member of the National Asbestos Taskforce, said.

"The only way is to remove it totally. To be 100 per cent safe it
must be removed, it's as simple as that."

Mr Robson said Canberra was not over-reacting, rather NSW was
"ducking the issue" because nobody wanted to foot the bill for

"It comes down to no one wants to put their hand up for the cost,
the cost is what it's all about," he said.

Despite calls over many years for the asbestos insulation to be
cleaned from Queanbeyan houses, nothing has been done, with no
accurate figure even available on the number of homes and
buildings affected.

Queanbeyan City Council general manager Gary Chapman said the 11
properties came to light when the residents were offered a
voluntary audit of their property around the time of the ACT

Queanbeyan mayor Tim Overall has suggested there could be 60
homes, based on a population comparison with Canberra, where 1049
homes were identified.

Mr Chapman said the council also knew of one in Yass and one in
the Palerang council area.

Two letters will be sent to each of the 11 properties -- one to
the house to alert tenants and one to the home owner "reminding"
them of the presence of the dangerous material and of the need to
alert builders and other tradespeople working in homes.

"The advice from the experts says if the asbestos is contained and
people don't enter the ceiling cavity and are cautious about the
work that they do and there is no risk of asbestos leaving the. .
.  cavities then it's quite safe to continue living in the
building," Mr Chapman said.

The council wanted the state government to clean out the asbestos,
but had no public health responsibility or regulatory powers
itself, he said.

"Our last involvement with any house is to give people an
occupation certificate. Beyond that it's a matter for themselves,"
he said.

"It's buyer beware. We've always said this is no different to when
someone has a pest problem . . . people need to be cautious when
they purchase properties, particularly older properties."

The council would also alert Queanbeyan residents more widely in
its next newsletter, Mr Chapman said.

Asked if he was concerned about the material still being in homes,
he said: "we are absolutely concerned because I deal with people
that live in the city, but the issue where we are hamstrung is
neither do we have a regulatory responsibility and the properties
are privately owned".

In Canberra, the 1049 homes were cleared of insulation, but it has
now been discovered fibres remain in wall cavities and subfloors
and in some cases in living areas.

Families are being told seal off rooms and cupboards where fibres
have been found, and in some cases are being told to leave.

The NSW issue has been raised periodically over the years,
including by former NSW MP Patricia Forsythe who complained in the
NSW Parliament a decade ago, saying then the "conspiracy of
silence surrounding the existence of the material in Queanbeyan
homes. . . must be ended".

ASBESTOS UPDATE: Pfizer Wins 3rd Case Over Unit's Fibro Products
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that Pfizer was recently granted summary judgment in an asbestos
lawsuit alleging it should be held liable as an apparent company
for a product manufactured by its subsidiary Quigley Company, Inc.

Judge John M. Glynn of the Circuit Court for Baltimore City said
the case appears to pierce the corporate veil for trying to hold a
stockholder liable for the wrongdoings of a bankrupt corporation.

At a June 2 motion hearing, Glynn heard arguments from both sides
regarding claimant Carl Stein's asbestos lawsuit.

This is the third court to reject attempts to hold Pfizer liable
for alleged injuries sustained from exposure to Quigley's
asbestos-containing Insulag product, which was used in building

"While we have great sympathy for the Stein family, three separate
courts now have reached the proper conclusion that there is no
basis for claims against Pfizer for a product that was
manufactured and sold by Quigley," Pfizer spokesman Steve Danehy
stated. "The decision in favor of Pfizer in all of the cases
making apparent manufacturer claims related to Quigley products
confirm that there is no justification for these suits against the
company under any theory."

After hearing the arguments, Glynn concluded that he does not
believe that a reasonable person under the provided circumstances
could have read the Insulag documents and come to the conclusion
that Pfizer was the manufacturer.

"I don't think a reasonable person would have any -- as I said,
they might be confused -- but 'apparent' means, to my mind, that
the authority is plain and obvious on its fact, not is it
possible," Glynn concluded. "And I don't think any reasonable
person would say, reading these documents, Pfizer manufactured
this product. Therefore, I'm granting the motion for summary

Sheila Birnbaum of the Quinn, Emanuel Urquhart & Sullivan law firm
gave a history of Pfizer and Quigley's relationship during the

The product giving rise to the issue is Insulag, which was
designed and patented by Quigley in 1936. The product was then
sold to steel companies.

Then in 1968, Pfizer bought all of Quigley's stock, meaning
Quigley had been manufacturing and selling Insulag for more than
30 years before Pfizer came into the picture, Birnbaum explained.

She added that nothing changed after Pfizer bought the stock.
Quigley maintained its own sales team, manufacturing plant and
continued to sell its products to steel mills. In fact, she
argues, the sales and marketing materials clearly show that Pfizer
was only the parent company of Quigley by specifically saying
Quigley is a subsidiary of Pfizer.

Pfizer sold its Quigley assets in 1992 but continued to own
Quigley stock through the 2004 bankruptcy filing and still owns
the stock.

Birnbaum believes the plaintiffs are trying to get "two bites of
the apple" by collecting from Quigley's bankruptcy trust and
collecting from Pfizer through settlement or trial.

Birnbaum explained that this case grows out of Quigley's
bankruptcy and Pfizer's channeling order as the parent company.

When Quigley filed for bankruptcy in 2004, Pfizer contributed
nearly $1 billion to the bankruptcy trust. In response, the court
issued Pfizer a channeling order.

The channeling order states that Pfizer cannot be sued in any
court for issues regarding ownership, management or control of
Quigley, with one "narrow" exception permitted by the U.S. Court
of Appeals for the Second Circuit. The appeals court ruled that
plaintiffs could sue Pfizer, as a parent company, on a Section 400
apparent manufacturer claim. All other claims are barred.

She defined an apparent manufacturer as one that appears to be a
manufacturer of a product because its logo or name is printed on
the product's label or tag even though the company was never
actually involved in the manufacture process.

"So you then stand in the shoes as a manufacturer because you
appear to be the manufacturer," she said.

However, in order to be sued as an apparent manufacturer, she
added, the company must be involved in the chain of distribution,
meaning they must be either the seller or distributor with its
name on the product.

Attorney James Stoll of the Brown Rudnick law firm represented
Stein at the hearing. He argued Pfizer is misinterpreting Section
400, saying an apparent manufacturer doesn't just have to be the
actual seller or distributor in order to be held liable.

He cited Section 400, which states, "Thus, one puts out a chattel
as his own product when he puts it out under his name or affixes
it to his name or trademark. When such identification is referred
to on the label as an indication of the quality of wholesomeness
of the chattel, there is an added emphasis that the user can rely
upon the reputation of the person so identified."

Stoll argued that by putting Pfizer's name on the product, it
ensured the public that it is safe to use, and therefore assumed
responsibility for the product.

"The mere fact that the goods are marketed with such additional
words as made for the seller or described him as a distributor
particularly in the absence of a clear and distinctive designation
of the real manufacturer or packer is not sufficient to make
inapplicable the rule stated in the section," Stoll said. "The
casual reader of a label is likely to rely upon the featured name,
trade name, trademark, and overlook the qualification of
description of source."

However, Birnbaum argued that Stoll is trying to stretch the
apparent manufacturer theory beyond its scope, which she said he
cannot sustain, by making claims barred by the channeling order.

"The law of Maryland is clear," Birnbaum said. "You have to be a
seller. And, your honor, we think summary judgment should be
granted for Pfizer."

"If you expand the law way beyond the state of Maryland, that is
opening up a hornet's nest for every logo manufacturer," she

To support her argument, she referenced the Armour case as an
example of what Maryland law says about apparent manufacturers.
Armour as the parent company of a Brazilian subsidiary that
manufactured corned beef. In this case, Armour was sued as the
apparent manufacturer, but it was the only company to its name on
the pacckaging.

Because Armour was the only name provided on the product, it sold
the corned beef as its own. As a result, the public would not have
the opportunity to sue the real manufacturer because another name
was not indicated on the product.

Ultimately, Glynn said he was bothered by the fact that every case
cited to establish apparent authority involved situations where
there was actual language on the product labels suggesting the
corporation being sued was directly involved in the design or
manufacture of the product, and such language was available to the
"consumer public," not a "sophisticated public," which is the case

Glynn was referring to the fact that every document the two
parties relied on to support their arguments included internal
corporate documents, meaning the logos would have been presented
to the "sophisticated public" involved in the trade rather than
the general public exposed to the product.

The documents included purchase orders from Quigley to Bethlehem
Steel, which is a steel company that had been doing business with
Quigley for decades before Pfizer bought stock in the company.

Birnbaum argued that the long relationship between Bethlehem Steel
and Quigley proves the steel companies saw Quigley as the lone

However, Stoll pointed out a questionable phrase on the packaging
under both names that says "manufacturers of refractory,
specialties and insulations."

Birnbaum asserted that Quigley alone referred to itself as the
"manufacturers of refractory, specialties and insulations" up
until the time Pfizer's logo was included on the invoices.

Stoll disagreed, saying Pfizer wanted customers to believe that
because Quigley referred to itself in plural form historically,
that the same plural phrase including both names negates the
inference that they are putting the products out as their own.

Additionally, he said that when OSHA issued regulations on
asbestos-containing products, it was Pfizer that did the redesign
in its own labs, which provided evidence that Pfizer is more than
just a parent company.

"The name alone should be enough," Stoll said. "That is what the
cases hold. If you think you need direct involvement, we have
provided plenty of evidence from which the jury can reasonably
draw the inference. And, indeed, what Pfizer is asking you to do
is to draw the opposite inference."

Ultimately, Glynn found these exhibits largely useless because
internal corporate documents don't have anything to do with what
the public thinks when purchasing the product, and concluded that
it sounds as though Pfizer is "involved in counting the money."

"It just looks like it logically makes a difference whether it is
within the trade or whether it is to the public," Glynn said.

"In other words, you sell things to the public, they're not going
to be sophisticated. They're not going to be deriving all sorts of
exotic theories regarding who actually made this and where it came
from. They're looking at it and it says, you know, Sears or
whatever it says or Armour, and they think what they think. You're
dealing in this case with a product where most of your evidence
appears to be on accounting or business documents, bills -- bills
of business documents."

Because the documents presented don't say anything explicit about
the manufacturer, he questioned what is apparent from the
documents and what a reasonable person under the circumstances of
the case believe if they read the documents.

"Reading these documents myself, I can understand clearly how a
reasonable person could be unclear on what the status of these
companies was and how they related to the manufacture and
distribution of these products," he said.

Birnbaum further argued that reliance lies at the heart of the
apparent manufacture theory, noting how Bethlehem Steel knew
Quigley was the manufacturer and didn't rely on Pfizer for

She added that Stoll stands on the idea that the theory is based
on a thought of reliance but it is not part of the proof.
Therefore, she said, the plaintiffs will instead argue that Pfizer
had substantial control of Quigley as its parent.

Stoll, however, said this is where the reliance issue gets
confused by Pfizer. He explained that reliance is not an element
of the cause of action. Rather, it is "presumed based on the
appearance of the logo or the name on the product.

"When you have a trademark or trade name on the product, it is
presumed, because you placed it there, that the public will rely
on it," he said.

"You emblazon your logo on that product, and you become liable.
Why is that? Because the logo, the purpose of putting your
trademark and trade name on the product is to convey to the public
something important about that product. And that importance is
that this -- look at us. We're Pfizer. We're internationally
known. We are this terrific company and we want you to rely on
that. So that is what the purpose of putting the name on the
product is," he added.

On the belief that Stoll is, in fact, basing his claims on
control, Birnbaum accused him of piercing the corporate veil
because control claims are barred by the channeling order.

Stoll disagreed, saying that prior to Quigley's bankruptcy, Pfizer
had been sued "thousands and thousands and thousands of times,"
adding that it typically settled and never went to trial as far as
he knew.

While lawsuits against Quigley were direct, those brought against
Pfizer were derivative claims, he argued, and had nothing to do
with Pfizer's direct action regarding its name being on the

"So all of the types of things that are enjoined by the injunction
are causes of action that have nothing to do with actual direct
behavior. They simply happen to arise theoretically out of
generalized behavior such as that would give rise to piercing the
corporate veil; you didn't treat the company as a real company.
You engaged in a fraud, if you will, on the market; alter ego
theory; successor liability if you have done a de facto merger or
something like that," Stoll said.

Birnbaum clarified that Pfizer has been sued as a parent
corporation of Quigley but had never been sued as an apparent
manufacturer until after Quigley's bankruptcy.

"That was the first time once there was the bankruptcy, as an
attempt to get around the bankruptcy issues in the bankruptcy
bars," she said.

Regardless, Glynn said he is troubled by how similar the case is
to a piercing-the-corporate-veil case.

"We're not trying to pierce the corporate veil," Stoll said.

"We're just saying look at what they have done to be involved in
designing the asbestos-free product. Look at what they have done
in terms of issuing invoices and purchasing the product for
Quigley. Look at how the customers York Insulation thought they
were dealing with Quigley as a division of Pfizer. Those are just
elements of showing -- pieces of evidence of showing what Pfizer
did involve itself in the manufacture and sale of the product,"
Stoll said.

At that, Glynn asked how they couldn't be piercing the corporate
veil while trying to hold the stockholder liable for the behavior
of the subsidiary.

Stoll responded saying the plaintiffs are holding Pfizer liable
for their own direct conduct.

"Let me give you a hint. When I ask you a question, the answer to
which is obvious, just admit it," Glynn responded.

Stoll apologized and explained that putting a company name on a
product comes with legal consequences.

"When it is an inherently dangerous product, you take on the non-
delegable duty to warn. And you put your name on a product that is
a voluntary act. That is your act. That creates direct liability
against you. It has nothing do with piercing the corporate veil,
alter ego, any of those things," he said.

Still, Glynn had his doubts.

"One of the things that bothers me about this is this whole
concept of whether this is really a piercing the corporate veil
case or not or just looks like one," he said. "Because obviously,
much of Western corporate development was based on the creation of
the corporate structure which insulates stock holders from
liability for except -- limits them to the value of their stock
for the wrongdoing of any other entity that -- other than the
value of their stock -- limits their liability to anything other
than the value of their stock for any wrongdoing by the

Pressed for time, Glynn had to eventually step in and call an end
to the arguments, saying the case is an obvious mess and ruling in
favor of Pfizer.

"Even though one could spend a lot of time mulling over this, I'm
not sure you become any smarter about it after you spend a lot
more time than you might be when you first thought about it," he

ASBESTOS UPDATE: Widow Handed Payout After Husband's Fibro Death
Anna Silverman, writing for Barking and Dagenham Post, reported
that the widow of a man who lost his life to asbestos-related
cancer has been handed a six-figure settlement as compensation.

Lindsey Aherne, 63, had been fighting for the payout after her
husband, Denis, died of mesothelioma cancer in 2012.

Denis grew up next to the Cape Asbestos factory in Barking.  The
factory closed down in 1969, leaving behind a deadly legacy.
Denis, too, moved away in the 1960s -- but his early life had
sealed his fate.

"When we were told he had a year to live it just didn't sink in,"
Lindsey told the Post.

"He was devastated when he realised what had caused the cancer.
He'd lived there so long ago and we didn't understand how [the
illness] could manifest itself 50 years later."

Denis was exposed to environmental asbestos dust and died at 67,
having lived half a mile from the Harts Lane factory between 1944
and 1961.  He went to St Joseph's Primary School on Barking
Broadway and St Ethelburga's Secondary School less than 250 yards
from the site.

"During the settlement process I tried not to get bitter or
twisted. What's the point?" said Lindsey.

"But towards the end, when [Cape] weren't settling, I was angry
they were putting me through so much anguish.

"We can't change the past but they could try to make our future
better. They were fighting every one of the cases.

"I settled in the end because I didn't want to go to court."

Children at Denis's school used to play with the toxic asbestos
dust in the playground, throwing "snowballs" of it to each other
in a deadly game of catch.


Pupils would often wipe it off their desks at the beginning of
each lesson and one woman developed the cancer from washing the
clothes of her husband who worked in the factory.

Lindsey learned it only takes a tiny particle of dust to get into
a person's lungs for that person to become ill -- and it can lie
dormant for 50 or 60 years.

Activities at Harts Lane continue to cause suffering with hundreds
being diagnosed and dying since its closure.  The Barking factory
showered locals with its lethal dust as it made fire-resistant
materials for houses and schools.  Those most at risk were the
factory's workers but, as Denis's case demonstrates, people living
in the area were in danger too.

Lindsey said she plans to use her settlement money to help get her
children onto the London housing market, adding: "I know that's
what Denis would have wanted."  The hardest thing for her, she
added, has been the birth of her grandson exactly nine months
after Denis's death.

"He was named after Denis," she said, "and every time I see him
it's so hard.

"My son is getting married in a couple of weeks too -- it's
occasions like that that are hardest."

Barking MP Margaret Hodge labelled the asbestos-related deaths
"one of the biggest tragedies our community has experienced".

She added: "The individual stories I have heard from victims and
relatives over the years have been utterly heartbreaking. Fair
compensation is not about the money -- it is about justice and
recognition. That is the least these families deserve."

Lindsey will never forget the feeling of "devastation and
disbelief" on hearing her husband's diagnosis.

"The constant reminder of our loss goes on and on. I hope the
claim will help bring some justice -- not just for my husband, my
family and myself but also for all the cases that will inevitably

Cape had not responded to requests for comment as the Post went to

ASBESTOS UPDATE: Judge Not Convinced with Plaintiffs' Arguments
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that an Illinois federal judge has denied a plaintiff's motion to
remand an asbestos lawsuit, finding that her arguments were

Judge Donald Wilkerson of the United States District Court for the
Southern District of Illinois delivered his decision on June 9 in
favor of defendant Crane Co., a valve manufacturer. He said the
plaintiff shifted the burden of proof by arguing the defendant
failed to prove its products were aboard a U.S. Navy ship --
leading to the question of why she named the company as a
defendant in the first place.

On Sept. 18, 2013, Elaine Mohler filed her complaint against
roughly 100 defendants in Madison County Circuit Court in Illinois
individually and as special administrator for the estate of her
husband Larry Mohler, who died in April 2012.

Mohler alleges that the decedent worked as a pipefitter while
enlisted in the U.S. Navy from 1956 to 1959, and again in various
employments after his service.  Through his work as a pipefitter,
the decedent was allegedly exposed to asbestos fibers, causing him
to develop mesothelioma in October 2011.

According to the nine-count complaint, the defendants are accused
of failing to warn of asbestos hazards, failing to provide
adequate safety instructions or equipment and fraudulently
misrepresenting the dangers of asbestos exposure, among other

Then on Nov. 25, defendant Crane Co. removed the case to district
court based on the Federal Officer Removal statute.  The Federal
Officer Removal statute provides that "cases brought against a
'federal officer and their agents for actions done under the
immediate direction of the national government' may be removed to
federal court," Wilkerson stated.

In order for the statute to apply, Crane Co. is required to prove
it is a person acting under the U.S. or its agencies and has a
colorable federal defense to the alleged claims.

Wilkerson noted that Crane presented evidence showing that it
manufactured equipment for the Navy according to military
specifications developed and mandated by the Navy, meaning it is
without question a person acting under direction of the Navy.

However, the plaintiff disputed that Crane presented sufficient
evidence to present a colorable defense.

Crane responded by presenting evidence that the Navy provided
precise and mandatory specifications and that the equipment
manufactured by Crane conformed to the requirements.  Crane also
provided an affidavit from Samuel A. Forman showing that the Navy
was set requirements for asbestos warnings and safety standards,
as well.

Forman stated that the Navy did not permit "a supplier of
engineering equipment to a vessel or facility to affix or provide
any asbestos-related warning with its equipment."

Crane also showed that the Navy knew of asbestos hazards and the
injuries working with the dusty material could potentially cause.

Forman's affidavit explained that the Navy was not only
knowledgeable "in the areas of asbestos and associated health
conditions" but that "by the early 1940s, the Navy had become a
leader in the field of occupational medicine related to, among
other things, asbestos dust inhalation exposure."

Wilkerson said that in the light of the evidence presented by the
defendant, Mohler's arguments are "unconvincing."  Mohler only
addressed whether the federal contractor defense can be asserted
against her failure-to-warn claim, which it can, he explained.

Also Mohler attacked the value of the defendant's evidence by
indicating that Forman's opinions are "conjecture and
speculation," which Wilkerson said misses the mark because Crane
did not yet have the burden of proving its defense -- only that it
offered a colorable defense.  Lastly, Mohler argued that Crane
hasn't produced any evidence showing its products were even on the
ships the victim served upon or that it sold the products to the

Wilkerson said this argument then leads to the question of why the
plaintiff even named Crane a defendant if there is no proof the
products were aboard the ships the decedent served upon.
Wilkerson wrote that the court offers no opinion on the validity
of Crane's federal contractor defense, just on its right to have
the case tried in federal court.

ASBESTOS UPDATE: Pipes with Deadly Dust Still Used in New Bldgs.
Tavia Grant, writing for The Globe and Mail, reported that pipes
containing asbestos are being installed in new condominiums,
hospitals and high-rises in Canada, despite widespread health
concerns that have led many countries to ban its use.

The new installations come as cities across the country are
spending millions of dollars to manage and remove asbestos
materials from public buildings such as schools, community
centres, courts and medical facilities.

Unlike most other developed countries, Canada has never banned the
use of asbestos and continues to import and export asbestos-
containing materials, such as pipes and tiles, The Globe and Mail
has reported.

Asbestos-cement pipes are allowed in both Canada and the United
States, though there are regulations about how to cut and dispose
of them. It is unclear how many asbestos-cement pipes are being
installed in Toronto and other cities, and there appear to be no
central records of where asbestos is being used. Once the products
are imported into Canada, it's difficult to pinpoint where it
actually gets sold. A key concern is that many workers, tenants
and owners may not know asbestos materials are in their buildings,
raising the risk of accidental exposures particularly in the event
of a fire, or as the materials start to deteriorate.

The World Health Organization has declared all forms of asbestos
carcinogenic and recommends its use be eliminated. In Canada,
asbestos has become the top on-the-job killer, causing diseases
such as mesothelioma and asbestosis. Evidence has found even low
levels of exposure raise the risk of cancer.

The distributor of some of the pipes is Portneuf, Que.-based
Tuyaux Logard Inc., whose owner said Toronto is a key market for
the company.

All of Logard's pipes contain asbestos. They are imported from
other countries including Mexico, while Logard cuts and
distributes them to contractors in Canada. The company, which
employs about 25 people, wouldn't disclose its revenue or volumes
imported for competitive reasons. But Statistics Canada trade data
show Canada imported about $2.2-million in asbestos-containing
pipes, tiles, sheets, panels and tubes from 2010 to 2013.

Logard also supplies contractors through Ontario and Quebec, and
on occasion, the Maritimes, the company's owner Louis Beauregard

Another recent customer was the McGill University Health Centre,
he said, a billion-dollar-plus, Montreal mega-hospital which was
built by SNC-Lavalin. SNC-Lavalin said in an e-mail the pipes are
used in stormwater drainage and noted the only risk with this type
of pipe is "when it is being cut upon installation," a risk that
is regulated by the province . "There are no risks associated with
this type of piping once installation is completed," the company

Logard is not the only supplier of asbestos-cement pipes in
Ontario. Brampton-based Crowle Fittings and Supplies distributes
them through the Greater Toronto Area as well (imported from
Mexico) and says a "good majority" of the high-rise buildings
going up in Toronto are using them, in parking garages or running
up to the roof.

Some provinces have boosted restrictions on asbestos, which has
curtailed use. In British Columbia, "tightened current regulations
have generally stopped the current use of asbestos-cement pipes,"
said Al Johnson, vice-president of prevention services at
WorkSafeBC. The issue of safe use has surfaced at Ontario's
Ministry of Labour. The ministry said in an e-mail that it has
encountered cases of employers or contractors who are not
following the rules, noting that in those cases a provincial
inspector can stop the job. "It is always a concern for the
Ministry of Labour when asbestos is being installed or removed in
a workplace," the ministry said.

The Globe and Mail visited a dozen construction sites in Toronto,
Markham and Vaughan, from luxury condos to commercial offices.
Asbestos-cement pipes were being installed in at least eight of
the sites, principally for drainage. The pipes were stamped with
the word "asbestos" on them.

The concern, people in the industry say, is that proper procedures
are not always followed and that the fibres could become airborne,
endangering both workers on the site and future occupants in

Tom Kelly, president of Inscan Kaefer Inc., an insulation and
asbestos abatement company, says it's incongruous he's being asked
to remove precisely the same types of pipes that are now being
newly installed.

"The regulations are largely geared to removing it," Mr. Kelly
said. "We weren't anticipating that new piles of this stuff would
be installed."

Mr. Kelly is concerned that a lack of awareness among workers will
lead to inadvertent exposures during installations. He also has
specific concerns: that the improper use of a handsaw or power saw
could generate dust; that, even if a site is wet, fibres could
become airborne as it dries; that waste or cut-off pieces of pipe
are not being disposed of properly; and that workers may be
cutting and working with parts of pipes that don't have the
asbestos stamp on them.

Regulations stipulate that owners keep a record of all asbestos-
containing materials in a building and that tenants and
contractors be notified of their presence in the area. He's
worried that's not happening. "This would pose a future risk if,
for example, maintenance workers are not aware of the requirements
for working with the product."

Developers may not be aware asbestos materials are being used in
construction. "The developers themselves, a good number of them
probably wouldn't know what's going on in the garage drainage
system," said Michael Steele, director of technical standards at
the Residential Construction Council of Ontario, which represents
builders in the province.

Asbestos-cement pipes may also be known as transite or fibrocement

Logard's Mr. Beauregard says the pipes are safe, provided workers
take precautions such as using a snap or crack saw, wearing a
proper mask and keeping the site damp while cutting. The pipes his
company sells are 13-per-cent asbestos.

Crowle's Ken Dyble acknowledges that not everyone may be following
proper procedures. "There is still a concern that somebody's going
to take a quick-cut saw to it and we don't like seeing that
happen. Most people are using chain or snap cutters now," he said.
"You're always going to have somebody that's going to do something
stupid, unfortunately; it's like that with every product."

Logard's Mr. Beauregard says safety concerns are out of touch with
modern-day practices and there is little risk if proper
precautions are followed. "I just question how some people arrive
at the conclusion that it's impossible to work with cement pipes
or asbestos cement pipes safely," he said in a June telephone
interview with The Globe.

He said the key advantages of asbestos-cement pipes are that they
are less expensive, quieter, stand up better to heat and freezing,
and are flame retardant. His pipes are mainly used for industrial,
commercial and high-rise buildings, he said.

The World Health Organization notes that asbestos cement is a
"particular concern" because it's difficult to control exposure
and because of the potential for materials to deteriorate over

By contrast, the federal government's long-standing position is
one of safe and controlled use of asbestos. Some workers are
concerned the stamps fade over time and that shortened pieces of
the pipe won't have those labels.

Rolf Priesnitz, director of Centre for Construction and
Engineering Technologies at George Brown College, says the chief
concerns about asbestos pipes are that fibres could become
airborne during the installation process and that these pipes will
in future decades break down, leaching asbestos into the city's
water system.

Safer alternatives include cast iron, plastic and ordinary cement
pipes, he said. "I don't see any reason whatsoever in this day and
age to have anyone install transite pipe. You have alternatives
that are better," he said.

In the long run, "it is a concern for people who maintain
buildings with asbestos pipe or if fire or other disasters damage
the pipe or when the building is torn down," says Paul Demers,
University of Toronto professor in public health and director at
Cancer Care Ontario.

Several papers published this year have found elevated cases of
mesothelioma (a form of cancer caused almost exclusively by
asbestos exposure) among firefighters, which in turn "supports the
fact that when buildings burn, asbestos can be released from
building materials," he said, adding that fibres can also be
released from deteriorating pipes.

The high cost of managing and removing asbestos in buildings is
another reason some would like to see asbestos use eliminated.
"Life would be a lot easier if you could say, 'I just built an
asbestos-free building,'" said Mike McCoy, director of facilities
management for the City of Toronto, adding that it's tricky to
know which materials have asbestos.

The continuing use of asbestos pipes is a concern to Fred Clare,
who has worked with asbestos since 1970 and watched a dozen of his
colleagues die of asbestos-related diseases.

"I don't want my children and grandchildren having to do what I
did. This material has to be banned," said Mr. Clare, vice-
president of the International Association of Heat and Frost
Insulators and Allied Workers, which used to be called the union
of asbestos workers. "Are we going backwards now, in seeing it
installed again?"

ASBESTOS UPDATE: Western Sydney Council to Discuss Removal Scheme
St. Marys-Mt. Druitt Star reported that there will be a trial of
the Householders' Asbestos Disposal Scheme across 24 councils,
including Hawkesbury, Holroyd, The Hills, Liverpool, Parramatta,
Penrith, Auburn, Blacktown, and Fairfield, in Australia.  The
scheme will trial cheaper and easier disposal for small amounts of
wrapped bonded asbestos from home renovators.

"The limit for an individual under the asbestos trial scheme is
five tonnes and is based on the average house in western Sydney
built in the 1950's having four tonnes of asbestos," Environment
Minister Rob Stokes said.

The western Sydney trial, carried out by the NSW EPA, will
commence at the end of July.

The scheme is part of the state government's commitment to reduce
illegal dumping and enhance waste services across NSW.  There will
be an incentive of up to $50 per tonne for registered residents
who dispose of wrapped bonded asbestos at the nominated landfill.
The EPA will also waive the waste levy on bonded asbestos disposed
of in these trial areas to see if there's a change in illegal
dumping incidents.

"Illegal dumping is costly to clean up and potentially harmful to
human health and the environment," Mr Stokes said.

Results will be independently analysed by research and evaluation
experts to inform the state government on the best approach to
reduce the dumping of asbestos waste.

ASBESTOS UPDATE: Watham Forest Council in Court Over Fibro
Zoie O'Brien, writing for This Is Local London, reported that
Waltham Forest Council, in England, is being prosecuted following
an investigation into whether or not staff were protected from
asbestos at the town hall.

The Health and Safety Executive confirmed it was seeking to
prosecute the local authority over alleged breaches of the Health
& Safety at Work Act and the Control of Asbestos Regulations.  The
case, which has been brought by the government watchdog, relates
to the discovery of asbestos in a room in the basement of the
Forest Road building which staff had access to between 1984 and

In 2012 it was revealed the authority knew about the presence of
asbestos throughout that period, but did not stop staff from
accessing the building, claiming asbestos levels were "within
Health and Safety Executive guidelines".

The case will be heard at Westminster Magistrates Court on July

A Waltham Forest Council spokeswoman said: "The council was
informed on June 24 that the HSE has decided to prosecute the
council after an investigation. We have sought legal advice and
will respond accordingly."

ASBESTOS UPDATE: Bill Passes Senate Minus Transparency Amendment
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that the North Carolina Commerce Protection Act of 2014, also
known as Senate Bill 648, passed out of the state Senate on June
11 and was sent to the House, carrying with it a narrow asbestos
reform amendment addressing successor liability thatprotects
certain successor corporations from asbestos-related liabilities
of the transferor.

The bill, which was introduced by senators Brent Jackson, Wesley
Meredith and Jim Davis in April 2013, aims at making changes to
the statutes governing commerce within the state, including laws
regarding asbestos and Food and Drug Administration product
liability actions.

However, the proposed substitute amendment seeking asbestos
bankruptcy trust transparency was not included in the final
approved bill.

The proposed amendment was similar to bankruptcy trust
transparency laws enacted in Ohio, Oklahoma and, most recently,

If the transparency section hadn't been killed, it would have
promoted transparency within the trusts. The bill would have
required plaintiffs in a lawsuit to file a sworn statement with a
court identifying all claims and potential claims against asbestos
bankruptcy trusts.

The proposed amendment was dropped when the Senate Judiciary
Committee considered the bill. Sen. Fletcher L. Hartsell, Jr.,
offered an amendment to remove the trust transparency section as
well as a section that would have provided defense for FDA-
approved products.

Hartsell's amendment was adopted by voice vote and the amended
bill was then passed out of the committee by voice vote, as well.

However, Hartsell's amendment kept the trust transparency issue
alive by offering to send the issue for study during the interim
when the Legislature is not in session, which will help keep the
issue on the agenda in the event the House does not offer a
transparency reform amendment in their proposed bill.

That means, an additional hearing on the subject and several
others Hartsell mentioned to be included in the study, is expected
to be held in the fall.

By the time the bill reached the Senate floor, it only contained
the provision relating to transparency in contracts between the
state attorney general and private attorneys when hiring outside
contingency fee counsel -- which is called the "Transparency in
Private Attorney Contracts Act," or TiPAC reform -- as well as
patent troll reform.

"A state agency may not enter into a contingency fee contract with
a private attorney unless the Attorney General makes a written
determination prior to entering into the contract that contingency
fee representation is both cost-effective and in the public
interest," the approved bill states.

As for patent troll reform, the bill introduces the "Abusive
Patent Assertions Act," which holds that it is unlawful to make
bad-faith assertions of patent infringement.

"The General Assembly seeks, by this narrowly tailored act, to
strike a balance between the interests of efficient and prompt
resolution of patent infringement claims, protection of North
Carolina businesses from abusive and bad-faith assertions of
patent infringement, and building of North Carolina's economy and
the intentions to respect federal law and be careful to not
interfere with legitimate patent enforcement actions," the bill

The Senate later adopted a narrow asbestos reform amendment
limiting certain successor liability for asbestos-related cases
while on the Senate floor, which has been adopted in almost half
of the states.

"[T]he cumulative successor asbestos-related liabilities of a
successor corporation are limited to the fair market value of the
total gross assets of the transferor determined as of the time of
the merger or consolidation. The successor corporation does not
have responsibility for successor asbestos-related liabilities in
excess of this limitation," the adopted amendment states.

The successor liability protection does not apply to most workers'
compensation benefits, claims that do not constitute a successor
asbestos-related liability, obligations under the National Labor
Relations Act and successors that continued in the business of
mining, selling, distributing or manufacturing asbestos after the

While on the Senate floor, amendments were also adopted to
strengthen the TiPAC section and to reinstate the Food and Drug
Administration defense section that had been removed by Hartsell's

Relating to product liability actions for FDA cases, the bill
states that drug manufacturers presumably did not fail to provide
adequate warning if the drug and its labeling complied with FDA
regulations when it left the control of the manufacturer.

After passing in the Senate, the bill was sent to the House.

The House Judiciary Committee introduced its own amended bill with
just the TiPAC section, which was passed out of the committee.

The House bill heads to the House floor where it could either be
passed or subject to amendment. If passed, the bill would go to
the Senate, which would either have to concur with the House
version or go to a conference so the two chambers can compromise.

ASBESTOS UPDATE: Minerals Found in Mine Sparks Skeptism, Debates
Mike Simonson, writing for The Daily Press, reported that a debate
over whether minerals found in a proposed mining area in the
Penokee Hills might pose a public health hazard has led to
accusations of science denial and character attacks.  Long,
slender, flexible fibers found in rocks in the mining area were
first identified as asbestiform last year by the Department of
Natural Resources. In October, a geoscientist from Northland
College, Tom Fitz, also found large amounts of the mineral at one
site within the mine area.

Examinations by scientists at the University of Wisconsin-Madison
and St. Lawrence University confirmed that the fiber is
asbestiform. Such fibers are linked to mesothelioma, an aggressive
lung cancer that has no cure. The discovery meant that breaking up
rocks in at least one area of the open pit iron ore mine would be
a potential public health threat.

Gogebic Taconite, the company behind the proposed mine, insisted
that the researchers were jumping to conclusions. But in December,
the DNR's mining spokeswoman Ann Coakley said the science was

"They maintain in their plans that there are not asbestiform
minerals in the area," said Coakley. "We know that there are
because we ourselves tested a sample and have the results back."

In January, Milwaukee-based conservative group Media Trackers
reported that University of Minnesota-Duluth (UMD) lab scientist
Bryan Bandli had disputed the findings, saying it was a different
mineral. Media Tracker's Brian Sikma, however, never mentioned in
his report that the other mineral type could also be asbestiform.
A Wisconsin Public Radio open records request to UMD indicated
Sikma was aware of that possibility, telling Bandli in an email
that it is ". . . likely an asbestiform but not grunerite. Is that

"Wrote the story. We stand by the story," said Sikma. "If Bandli
comes out and has his own interesting research that now says it's
asbestiform, then certainly that's an interesting story and should
be reported upon."

WPR sent pictures of slides to the National Institute for
Occupational Safety and Health at the Centers for Disease Control,
where a researcher said that not only can both minerals contain
asbestos, but that the slides show slender, long, flexible fibers.
Thus, the mineral type makes no difference and can be a public
health threat.

Although Bandli refused to comment on his findings to other media,
saying he was "gun shy," WPR sent him the CDC's comments and asked
if he agreed. He said he does, but that more study is needed to
determine public health impacts.

Media Trackers did accuse geoscientist Tom Fitz of "jumping to
conclusions" with "evangelistic fervor."

Fitz likes to think this isn't a case of denying the science.
"I hope not. You know, because it is what it is, no matter who is
looking at it," he said. "It's an asbestiform amphibole. It
doesn't matter who's looking at it -- it is in the rock and it's
potentially a health hazard."

Bad River Tribal Chairman Mike Wiggins, an opponent of the mine,
thinks GTAC and Media Trackers are playing what he calls a
dangerous public relations game.

"The people up here, the local residents, do not want this
environmental carnage to happen, and the mining company
understands that," said Wiggins. "So staying away from the real
talk about the dangers and destruction and the death and sickness
that comes from this kind of thing is the name of the game."
GTAC told the DNR that their position remains "that asbestiform
material is unlikely to be present in the reserve."

GTAC spokesman Bob Seitz also said that ultimately, they'll have
to abide by the science: "And so, nobody's going to start mining
while this is in question."

Seitz said GTAC will have to prove they can mine the minerals
safely before getting a permit.

ASBESTOS UPDATE: Judge Denies Class Certification in Fibro Case
Brianne Pfannenstiel, writing for Kansas City Business Journal,
reported that a judge has declined to certify a class for a
lawsuit alleging that Jackson County Courthouse employees had been
exposed to asbestos during a 30-year period.

The case, filed in 2010, alleges that individuals who worked at
the courthouse between 1983 and the present may have been exposed
to asbestos particles and could face a significantly increased
risk of developing an asbestos-related disease.

However, Judge Jack Peace refused to certify the class. The case
now will proceed only with the two named plaintiffs, rather than
with the potentially hundreds who would have been covered in a
class-action suit.

"Plaintiffs have not met their burden to establish that exposure
to asbestos can be proven on a class-wide basis," Peace wrote in
his judgment. "Rather, the evidence before this Court establishes
that any class members' actual exposure, and accordingly the
determination of any alleged increased risk, would necessarily
vary and depend upon the date(s), location(s), and duration of
each class member's presence in the Courthouse."

The proposed class included Missouri residents who, as a result of
their employment, worked inside the Jackson County Courthouse for
longer than two consecutive weeks or 80 hours annually since 1983.
Peace was concerned that because the individual cases varied so
widely, the two class representatives were not representative of
the group as a whole.

"It's not accurate by any way shape or form," plaintiffs attorney
Lou Accurso said of the judge's characterization of the class. "We
prepared our findings of fact and conclusions of law, which are
based on all the evidence that was presented, and we feel
extremely confident that the court of appeals is going to reverse
this decision and have the class certified."

He said he plans to file an appeal, where a judge could choose to
certify the proposed class.

Accurso has had previous success with asbestos cases. In 2011, he
sued on behalf of the family of a former Jackson County Courthouse
employee who died of asbestos-related mesothelioma. That case
eventually settled for $10 million.

Accurso also recently filed a lawsuit on behalf of a different
former courthouse employee who died of mesothelioma. That case is

Defendants in the case are the U.S. Engineering Co. and Jackson
County, Mo. They are represented by Jim Griffin of Scharnhorst Ast
Kennard & Griffin PC, as well as attorneys with Husch Blackwell
LLP and Polsinelli PC.

"U.S. Engineering is gratified by the ruling of the trial court
and believes it is the correct decision," Griffin said.

ASBESTOS UPDATE: Widow of Ex-Shipyard Worker To Receive Payment
Alan Erwin, writing for Belfast Telegraph, reported that the the
widow of a former shipyard and postal worker exposed to asbestos
is to receive GBP10,000 compensation -- even though his cause of
death was completely unrelated.

A High Court judge ruled that Carol McCauley was entitled to the
pay-out for the stress and anxiety her husband Harry suffered
after learning he had pleural plaques.

Mr McCauley, 74, died in February 2013 of multiple organ failure
following cardiomyopathy, a disease of the heart muscle.  He had
worked for Harland and Wolff in Belfast from 1955 to 1961 and then
Royal Mail from around 1964 to 1980. Mr McCauley went on to join
the RUC, serving in the police for more than 20 years.

Pleural places -- an asymptomatic thickening of the lining of the
lungs which signal the presence of asbestos fibres but no other
related diseases -- first appeared on an x-ray of his chest in
1991.  The court heard, however, that he was only informed of the
condition a year before his death.

His widow sued both Harland and Wolff and Royal Mail over the
pleural plaques diagnosis.  With both defendants admitting Mr
McCauley had been exposed to asbestos during his employment with
them, the only issue to be decided was the level of damages.

Mrs McCauley told the court her husband suffered more anxiety and
distress on being told he had pleural plaques than due to his
hearty condition.  She said this was because he had been aware of
the effects of her own asthma condition, and knew of others who
had suffered asbestos-related deaths.

Defense lawyers argued there was no evidence that Mr McCauley went
to his GP about any such anxiety.  But his wife countered by
insisting he was not a complainer and had to be dragged to the

Ruling on the case Mr Justice O'Hara held that pleural plaques is
a statutory personal injury for which damages should be awarded if
fault is proven.

The judge acknowledged that Mr McCauley's death was not
attributable to any asbestos-related condition.  But he said:
"Nevertheless, the knowledge that he had pleural plaques and his
awareness of deaths from asbestos-related conditions must have
caused him some stress and anxiety.

"I accept that this is not referred to in his medical records, but
I do not find that in any way surprising for the reasons given by
the plaintiff which I accept."

Mr Justice O'Hara confirmed he was making an award of GBP10,000,
with both defendants sharing liability.

ASBESTOS UPDATE: Freedom Industries Demolition Delayed by Fibro
Ariel Rothfield, writing for WOWKTV.com, reported that demolition
of the above ground storage tanks on Freedom Industries' property
was slated to start in June; however, the plans are being put on
hold once again after crews discovered asbestos.

Now many, like Sharon Martin, are asking when the tanks are coming
down.  "I just get tired of hearing about it over and over. And it
seems like they're not doing anything really to take care of the
problem," she said.

According to Kelley Gillenwater, a spokeswoman for the West
Virginia Department of Environmental Protection, Freedom must
remove the asbestos before the company proceeds with the tank
demolition.  It's another roadblock and another headache for
Martin, who lives just down the street from Freedom.

"I think enough is enough, they should go ahead and do what they
need to do," she said.

In an email, Freedom's Chief Restructuring Officer Mark Welch said
it should not exceed $30,000 to remove asbestos and should be
completed in about two weeks. He also said there are about 600
pieces to remove, including gaskets and some liners.  Once the
abatement is completed, Welch said the demolition will begin.  It
is estimated to take four to six weeks. Ten tanks will be knocked
down and three will remain to hold runoff water during the
remainder of the cleanup.

It is still unknown how much the entire demolition will cost until
the tanks are torn down and samples are taken from the ground.

Freedom Industries was the site where crude MCHM spilled into the
Elk River Jan. 9. It tainted the drinking water for hundreds of
thousands of West Virginians.

ASBESTOS UPDATE: Deadly Dust Found in Ogilvie School, Mall
Kirsten Faurie, writing for Kanabec County Times, reported that a
hazardous material evaluation of the former Ogilvie school/mall
located at 220 Bragg Street, in Minnesota, revealed a long list of
contaminants making some city council members worried that their
demolition loan will fall short when demolition bids are received.

The report by Blue Earth Environmental Company noted the presence
of asbestos, mercury and industrial chemicals. The report noted
the asbestos was not limited to locations such as in floor tiles
in a certain room, fire doors or as pipe insulation; traces of
asbestos were found scattered throughout the property in dust and
debris piles.

The report stated that vandalism, metal theft and other activities
likely spread the contaminants throughout the grounds. The
quantity of asbestos at the site was not quantified because each
debris pile contained different levels of contamination.

Furthermore, there were areas of the building that were not tested
because the area could not be safely accessed or because
collecting samples would damage the integrity of the structure.
As these areas are exposed during demolition, work would have to
stop until those areas are accessed, tested and hazardous
materials removed.

The report also noted hundreds of fluorescent light bulbs
containing mercury stacked under stairwells or in closets.
Prior to the Blue Earth assessment, city council members Dave
Youngquist, Ken Taylor, Dave Johnson and Mayor Mark Nilson did a
walk-through of their own.

Once the snow melted, the group took a tour through the building
April 29 to observe the current state of the structure.

After seeing the interior for themselves and reviewing Blue
Earth's findings, Johnson expressed concern that bids for the
project might be more than they anticipated. Ogilvie received a
$375,000 loan from the Minnesota Demolition Loan Program to
demolish the old school property.

"I am really worried about this quote," Johnson said.
Nilson agreed. "I am worried this $375,000 is going to be really
short," he said.

City council members will have to wait until bids are received and
opened July 22 to know for sure just how much the project will

Ogilvie is now accepting sealed bids for demolition of the site
until 10 a.m. July 22 at which time they will be publicly opened
and read. A mandatory pre-bid meeting is scheduled for July 8, 10
a.m. at the Ogilvie Civic Center.

The property has been a source of conflict for the residents and
city of Ogilvie for many years with many residents calling it a
blight on the town and blaming it for reducing property values.
The city began condemnation proceedings of the property in
November 2008, when it was owned by Gordon Cell. The city gave
Cell 180 days to repair or renovate the property. In January 2009
Cell sold the property to Jerry Carter.

Then, in March 2009, a massive fire engulfed the building, leaving
a crumbling structure of scorched bricks and rubble. The building
was uninsured. After several unsuccessful attempts to force Carter
to clean up the property, the city of Ogilvie began the legal
proceedings to seize the property under eminent domain.

The property was tax-forfeited in September 2013. The city of
Ogilvie purchased it from Kanabec County for $1 and has since been
working to get the site demolished and cleaned.

ASBESTOS UPDATE: Toxic Dust Found Dumped Near Athlete's Village
Keith McLeod and Stephen Stewart, writing for Daily Record and
Sunday Mail, reported that just weeks before the Games get
underway one of Scotland's leading asbestos experts says the
affected area, near the multi-million pound athletes' village,
must be sealed off before an inspection can take place.

Killer asbestos has been found dumped near the Commonwealth Games
Village on the banks of the Clyde.  A horrified cyclist made the
shock discovery as he used a busy riverside walkway near the
multi-million-pound village -- touted as the jewel in the crown of
the east end of Glasgow's regeneration.

Just weeks before the Games kick off, one of Scotland's leading
experts on the deadly substance said the site must be completely
sealed off before specialists inspect the entire area.

Industrial hygienist Robin Howie -- who has been involved as an
expert in more than 400 legal claims -- confirmed the material was
asbestos cement.

Games officials said the toxic material must have been
flytipped. They added tests had confirmed there was no asbestos in
the village, which will house 6500 athletes and officials.

Howie said: "It is asbestos cement which looks as though it has
been flytipped there.

"The site needs to be fully sealed off and then the process starts
of sifting through rubble to find the rest of this material. When
you find some asbestos, you can be sure there is more lying

"It is incredibly dangerous and unpleasant. The effects of
asbestos-related diseases are untreatable and can take 20 years to

"It would constitute a very high risk if children found it and
played with it.

"They would need to seal this area, sweep back the foliage and
start sifting through the earth to find more asbestos."

Daily RecordOne of the samples taken away for testing
John Paul Clark -- who regularly cycles down the riverside walkway
-- found the asbestos.

The site of his find is yards from the Dalmarnock Bridge, which
carries the A749 road over the river.

Dad-of-two John Paul, 39, said: "The asbestos is just next to a
new overspill drain they have built which channels water away from
the Games village and into the Clyde. It was built about eight
months ago.

"I used to work in demolition and I have been on asbestos training

"I am not an expert but it made me aware enough to know when I see
asbestos. I could see the telltale signs from a mile away.

"To me, this said asbestos right away."

He added: "I sometimes fish in the river and when the river is
high, the waterline will cover this area of the bank.

"Some of the asbestos could already have been swept away into the

"If they are going to spend GBP500million on the Games, you would
think a fraction of that money would be used to clean up this site

"I don't think that athletes from across the world will be
impressed that this asbestos is right next to them."

Daily RecordJohn Paul Clark at the tip site in Dalmarnock
When asbestos fibres are inhaled they can cause serious diseases
which are responsible for around 4500 deaths a year.

The diseases do not affect people immediately as they often take a
long time to develop but, once diagnosed, it is often too late to
do anything.

A local -- who declined to be named -- stays yards away from site
where the asbestos was unearthed.

She said: "The cycle path is very busy with kids playing and
running about on their bikes.

"It is shocking to think this is right under our noses. It would
be terrible if the village was built on top of a massive slagheap
of asbestos."

The Games village has been billed as a "purpose-built, low-carbon
village at the heart of one of Europe's largest regeneration

The area of the discovery, marked with the red arrow near the
centre of the map, just to the left of the Games village
It will offer an exclusive retail area, recreation area, dining
hall, medical facility and other amenities for the use of the
athletes and officials.

After the Games, the site is scheduled to become one of the most
significant new urban housing developments in the UK with
permanent accommodation of 700 houses and flats and a new 120-bed
care home for the elderly.

A total of 300 of the houses and flats will be for sale by the
developer and 400 houses will be available for rent from local
housing associations.

A spokeswoman for City Legacy, developers of the athletes village
site, said last night: "It's very important to highlight that the
asbestos found is outwith the athletes' village and not on our

"The athletes' village is completely clear of all contaminants.

"The location underwent thorough remediation works before City
Legacy started work and when the development was completed in
January 2014, the whole site was independently tested for all
contaminants including asbestos and the entire village tested

A spokeswoman for Glasgow City Council said: "We thank Mr Clark
and the Daily Record for bringing it to our attention and we have
arranged for collection and disposal by a licensed contractor."

ASBESTOS UPDATE: ACT Pushes for Federal Action on Deadly Dust
Stefanie Balogh, writing for The Australian, reported that ACT
Chief Minister Katy Gallagher is seeking an urgent meeting with
Tony Abbott to discuss the so-called Mr Fluffy asbestos scandal
that may have exposed more than 1000 homes across Canberra,
Australia, to potentially deadly fibres.

The loose-fill pure and raw asbestos was installed as ceiling
insulation by a company called Mr Fluffy across more than 70
suburbs in the Australian Capital Territory in the late 1960s and

A $100 million federal government clean-up about two decades ago
failed to remove all traces of the asbestos and about 10 families
have now been forced out of their homes after potentially lethal
fibres were recently discovered. The number is expected to
significantly increase.

The Weekend Australian understands Assistant Minister for
Infrastructure and Regional Development Jamie Briggs, who has
responsibility for the territories, will meet with Ms Gallagher.

Until self-government in 1988, the ACT fell under the
commonwealth's jurisdiction.

Brianna Heseltine, founder of the Fluffy Owners and Residents
Action Group, said homeowners faced financial ruin as well as fear
they had been exposed to asbestos.

"Their homes are like murder scenes," she said. "They cannot sell
them, they cannot rent them out. They are living a life of grief
and shock right now."

In February, the ACT government wrote to 1049 homeowners across
Canberra warning them if they were undertaking renovations or
extensions they should engage a licensed asbestos assessor because
their homes were part of an asbestos removal program between 1988
and 1993.

"That information was new to hundreds of people in Canberra, they
had no knowledge their homes were ever tainted by this substance
so many decades ago and it created a shock wave," she said.

Ms Heseltine has contacted law firm Maurice Blackburn to
investigate a class action based on economic loss against the
commonwealth but also possible liability in relation to the ACT

ACT Workplace Safety Minister Simon Corbell told The Weekend
Australian the ACT was considering immediate short-term financial
assistance for displaced families and had set up an Asbestos
Response Taskforce.

"This contamination occurred when the commonwealth was responsible
for the administration of the territory in the late 1960s and into
the 1970s.

"Everything else flows from that simple fact that raw, crushed
asbestos was allowed to be pumped into people's roof cavities," Mr
Corbell said.

Ms Gallagher is pushing for a joint approach between the ACT and
federal governments.  She said there was anxiety and concern among
the families who had been displaced.

An Abbott government spokeswoman said: "Commonwealth agencies are
working with ACT agencies on this important issue."

Asbestos Safety and Eradication Agency chief executive officer
Peter Tighe said he believed the best way to address safety issues
concerning Mr Fluffy homes was to demolish them.

ASBESTOS UPDATE: Fibro News Article Used as Evidence at Inquest
Joey Severn, writing for Derby Telegraph, reported that a Stanton
Ironworks employee in England whose safety equipment was made from
asbestos died at the age of 80 from exposure to the deadly dust,
an inquest has heard.

John Mellor worked from 1949 to 1970 at Stanton and was surrounded
by asbestos as he serviced the site's 22 ovens.

The inquest into Mr Mellor's death, at Derby and South Derbyshire
Coroner's Court, heard that not only were the ovens lagged with
asbestos, but so was the safety equipment used to protect the men.

Mr Mellor's son, David, told the inquest: "There were 22 ovens, he
serviced all of them and there was a terrific amount of heat. The
protective clothing -- what they had of it -- was even made of
asbestos because it was the only thing that would stop them from

Fears asbestos bill does not do enough for deadly dust victims
Mr Mellor, of Westwick Street, Ilkeston, even wrote about his
experiences in the Derby Telegraph, explaining his working

The article was produced as evidence at the inquest to show the
working conditions Mr Mellor faced.  It has also been used by
other families to show how bad the conditions were at the site.

Mr Mellor wrote: "I can remember coal miners getting jobs there
but soon opting to go back to the pits.

"At the time, the cocktail of harmful and unpleasant substances
with potential to endanger health included coal dust, coke dust,
coal gas, coal tar, benzyne and benzene, asbestos (blue and
brown), naphthalene (which seemed to be absorbed into the skin),
furnace gas, etc, plus intense heat.

"It was a frequent event for workers who had been in contact with
substances like naphthalene to be treated like lepers when
travelling home on public transport, as ordinary passengers would
move away from them due to the odour."

Mr Mellor would not only have to deal with asbestos that clad the
ovens and their pipe work, but also the machines that serviced the
ovens.  The gaskets used in the machine were made from the lethal
material and Mr Mellor had to create the parts by hand, mixing the
asbestos into a paste to create the gasket.

David Mellor told the inquest: "He used to come home dirtier than
some people who went down the pit.

"There was one night where his boots were so dirty that my mum
told him he couldn't bring them in to the house. He left them
outside but it rained overnight and they filled up with water. He
wasn't pleased about that.

"It was extremely dirty. He was black from head to toe and his
clothes were the same colour. The asbestos was everywhere. They
didn't know what the dangers were."

The inquest into his death found he died due to bronchial
pneumonia, caused by thoracic malignant mesothelioma which in turn
had been caused by exposure to asbestos.

Mr Mellor had been diagnosed in early February with mesothelioma
but such was the aggressiveness of the disease he died on the 23rd
of that month.  The family is currently pursuing a civil claim
against Tata Steel UK Ltd, which inherited the historical
liabilities of the Stanton Ironworks company.

A spokesman for the company said the firm could not comment on
individual cases but said: "As a responsible employer, we
carefully review any injury claims with our insurers, including
historic ones."

Deputy coroner Louise Pinder recorded a conclusion that Mr Mellor
had died from an industrial disease caused by his exposure to
asbestos.  She told the court: "These were incredibly dangerous
and dirty conditions but they created an incredible camaraderie
between the men that worked there."

ASBESTOS UPDATE: Investigators Find More Fibro in Deer Park
Long Island News12 reported that investigators uncovered toxic
waste in soil sample test results from a Deer Park, New York,
wetland.  The District Attorney's office says the results show
contaminants including asbestos and arsenic in the area near
Sumpwams Creek.  Investigators say they believe the debris was
illegally dumped there.  Asbestos and other toxins have been found
in several locations since May, including Roberto Clemente Park in
Brentwood, where the Town of Islip approved a $6 million cleanup.

ASBESTOS UPDATE: Hanson Calls for Registered Mails to Homeowners
Kirsten Lawson, writing for The Canberra Times, reported that
Liberal leader Jeremy Hanson is calling on the Australian
government to write to homeowners that contained Mr Fluffy
asbestos insulation by registered mail following revelations that
a homeowner was missed by the February mail out.

Christine, who didn't want her last name used, said the letter
telling her she lived in a Mr Fluffy house had never arrived,
after being misaddressed.  She had not been told of the Mr Fluffy
history of her Curtin home when she bought it in 1993, but a
neighbour had mentioned it a few years later. She had alerted the
architect during a major extension in 1996 but he had been
unconcerned, and planning authorities had approved her
redevelopment with no asbestos plan in place. With separate
bathroom, kitchen and other renovations over the years, she
estimated 50 or 60 tradespeople had done work involving breaching
wall cavities.

"It beggars belief," she said. "If I dwell upon it in a family
sense it's horrifying. My 11-year-old could be a mother in her 30s
or 40s when she develops the disease, if she does, . . . and where
does she go to get redress then?"

When she heard about the mail-out in February she was expecting a
letter and was relieved when none came. But after double-checking
with authorities, she discovered the truth: her letter had gone to
the wrong address.

Christine has testing booked for this week, but is unsure whether
it will help, given people are getting conflicting results for
their homes. She is concerned about what happens if she needs to
do urgent work on the house -- whether tradespeople will do the
work and what they will charge, and is worried also about what
will happen with a business loan she secured off the value of her

She is unsure whether there is any advantage to registering with
the government taskforce, and says if her home really does present
a danger, registering and testing should not be voluntary. The
first letter had been ambiguous, she said, calling for much
clearer personalized communication with Mr Fluffy homeowners.

And she believes people will have been missed for other reasons.
She has a friend who grew up in a Mr Fluffy house in Kambah, with
her father removing the material himself when he discovered it --
so that house was never in the official clean-up and remains
outside the list of 1049 places on record.

Christine said her most pressing concern remained unanswered --
the issue of whether, if tradespeople must be told, people
visiting the house should also be told. She will cancel plans for
her daughter's slumber party in August.

Mr Hanson said the government must contact homeowners by
registered mail to ensure the letters arrived.

"When you are dealing with people's lives, peoples health and
people's potential financial ruin, and also when people fail to
report and sell homes with Mr Fluffy there are very big fines,
people need to know," he said. "This is an urgent matter and
everybody needs to know."

Mr Hanson said the February mail out had been addressed "to the
homeowner" like many spam letters and might never have made it to
the homeowner, especially in tenanted properties.

Taskforce head Andrew Kefford said 152 people had registered, and
he planned to write again to householders who hadn't made contact
and again ask them to register.

The 15- or 20-strong taskforce is expected to move into premises
in Moore Street. Its first job was to contact everyone who
registered and find out about their circumstances. Families would
be advised to have asbestos testing done and the taskforce would
help them with the next steps.

Cabinet will meet to work out the details of an emergency
financial package to help people forced out of their homes by the
discovery of the loose-fill asbestos fibres in living areas.

Pointing to Chief Minister Katy Gallagher's determination to
"solve this once and for all", Mr Kefford said the taskforce would
take advice on all options from remediation to demolition.

ASBESTOS UPDATE: Fibro Safety on Council's Worry List
Lois Cairns, writing for The Press, reported that the city council
in Christchurch, New Zealand, is looking at what action is being
taken to reduce the dangers posed by asbestos amid concern not
enough is being done to protect the public's safety.

The use of asbestos in building products was widespread in New
Zealand houses and commercial buildings from the 1940s to the
1990s when it was commonly used in wall or roof cladding, soffit
linings, as backing to vinyl flooring, and as stipple on textured

Undisturbed asbestos poses no risk but with an unprecedented level
of demolition work occurring in Christchurch concerns has been
raised about people's exposure to its potentially lethal fibres,
which are known to cause the cancer mesothelioma.

Several agencies are involved in managing the problem but a series
of complaints about companies demolishing buildings without first
checking for asbestos has Mayor Lianne Dalziel and some senior
city councillors questioning whether the safety procedures in
place are adequate.  They have called for a comprehensive report
into the issue and are pushing for the council to play a more pro-
active role in asbestos management.

Community committee chairman Cr Yani Johanson said it was clear
from revelations in the media about the number of cases involving
asbestos exposure that processes for the identification, removal
and safe disposal of asbestos were not working and changes needed
to be made.

"What we have been doing to date has not been sufficient," said
Johanson. There was no clear reporting mechanism for the community
or the public to raise concerns about asbestos and the monitoring
of demolition sites appeared haphazard.

"We need to be more proactive in this space," he said.

Dalziel backed Johanson's call for a full report on what steps the
various regulatory agencies in the city were taking to protect the
public from exposure to asbestos.

"There were buildings that were taken down in the CBD that people
had no notification they were filled with asbestos and there will
be issues about that for a long time to come," she said.

Council chief executive Dr Karleen Edwards said she was happy to
look at how the council could work with other agencies to
formulate a combined approach to asbestos management.

Environment committee chairman Cr Phil Clearwater said the council
needed to clarify what the roles were of the other agencies before
it decided what further action it needed to take. He expected his
committee would receive a report before the end of the month.

Time was of the essence because demolitions were occurring all the
time: "We want to make sure everywhere is safe and we need to know
that where there is asbestos it is removed safely," Clearwater

ASBESTOS UPDATE: New Zealand Family Live in Fear of Fibro Exposure
Cecile Meier, writing for The Press, reported that a Christchurch,
New Zealand, family are distressed and fear for their health after
their earthquake repairs may have exposed them to asbestos.

Daniel and Nicola Moore said a Fletcher EQR contractor exposed
them and their baby son to asbestos while doing repairs in 2012,
and left asbestos-containing material and dust in their heatpump.

A Fletcher EQR spokesperson said the company did not test the
house for asbestos at the time of repairs despite the stipple
(material highly likely to contain asbestos) in the ceiling but
had treated the repairs "as if it included asbestos containing
materials".  That meant the bedroom had been sealed off and
workers wore protection while scraping off parts of ceiling. In
the lounge, the company only covered the cracks caused by
earthquake damage.

But the Moores tell a different story.

Nicola, a painter, worked for the contractor at the time and
helped with the repairs in her house. She claimed the bedroom was
never sealed and that the workers cut large portions of the lounge
ceiling without taking the appropriate precautions, leaving debris
and dust in the heatpump.

The couple said they were led to believe the house had been
negatively tested for asbestos as none of the workers wore
protection, but found out 18 months later it had not been the case
when a positive asbestos test was made in the lounge.

The contractor declined to speak publicly about the case.

Debris in the heat pump in the lounge tested negative for asbestos
months after the repairs, but 18 months had passed and the Moores
said they were concerned the test had not been done properly.
They were worried about their health and that of their 2 1/2-half-
year-old son, Hunter, because at the time of the repairs, the
family came on site almost everyday to check the repairs. They
also used the heatpump immediately after the repairs.

"Sometimes I think my son might only have 15 more years to live,"
Nicola said.

The family complained about the contractor to Worksafe and to
Fletcher EQR.

A spokesperson for WorkSafe NZ confirmed the government health and
safety regulator had investigated the case, but there had been
"insufficient evidence" to conclude the company failed under
health and safety rules. No further action was taken.

A Fletcher EQR spokesman said EQR had worked with the family over
several months to try to resolve their concerns and complete the
repair of their home.

However, because no evidence was found that the family had been
exposed to asbestos, no further action was taken against the

"The lounge room ceiling was treated from the start as if it
included asbestos containing materials, with a method designed to
cover cracks caused by earthquake damage," a Fletcher EQR
spokesperson said.

"The bedroom ceiling has not yet been tested, but will be before
additional substantive work is carried out, and will be treated in
accordance with the result of the test."

Labour MP Megan Woods has taken the family's cause to the ministry
of health and Gerry Brownlee, asking the family's medical expenses
be provided for, and for the contractor to be taken off the home
repair programme.

"Daniel has been battling away for his family for over a year now
. . . They are worn out," she said.

EQC and Fletcher EQR's handling of the case was "not good enough".

"Asbestos is a real and present danger for people," she said.

Asbestos, a known carcinogen, can cause mesothelioma, a rare fatal
cancer of the lining of lungs or abdominal cavity, lung cancer,
asbestosis or scarring of lung tissue, and pleural plaques.

Enclosed and undisturbed, it is benign, but toxicologists have
said health effects from asbestos would only emerge years after

The Press has reported that WorkSafe New Zealand, the Earthquake
Commission (EQC) and other agencies were still discussing the best
way to handle asbestos as late as December 2012.

ASBESTOS UPDATE: Wagga Builder Raises Fibro Concern
Alex McConachie, writing for The Daily Advertiser, reported that a
builder in Wagga, New South Wales, Australia, has expressed
concerns that new regulations passed in the ACT regarding asbestos
handling could spread to NSW, to the detriment of the industry.

All builders in the ACT will be required to undergo asbestos
awareness training -- a mandate that Wayne Carter believes will
see older builders simply choose to retire earlier rather than
face the costs associated with the course.

"If they have to go and pay for a course to do this, I can see
some bloke saying I've had enough of the industry now," Mr Carter

"It's just enough to tip them over the edge and then we've lost
another valuable tradesperson."

While acknowledging the serious safety risks posed by sites that
may be contaminated by asbestos and the need for education about
the issue, Mr Carter has questioned why only professional builders
have been targeted by the measures.  He pointed to the rise in
people choosing to conduct their own do-it-yourself renovations,
thanks to the popularity of television shows such as The Block,
and asked why they hadn't been required to undergo the training.

DIY renovators are more likely to come into contact with asbestos
than builders, who largely work on new constructions, according to
Mr Carter.

"To me, it makes more sense to have the general public (do the
course)," he said.

"They are coming in contact with asbestos by doing up older homes
and they're more at risk than a bricklayer, for instance, who only
ever does work in the cottage industry," he said.

Mr Carter also weighed in on recent legislation changes in NSW,
which have come about as a result of the Home Building Amendment
Bill.  He welcomed many of the initiatives presented in the bill,
such as giving builders the right to request up to a 10 per cent
deposit on work over $20,000, up from 5 per cent.

"It gives them more working capital -- 5 per cent just wasn't
enough to get things going," Mr Carter said.

ASBESTOS UPDATE: Court Says Statute of Repose Bars Fibro Claims
Heather Isringhausen Gvillo, writing for Legal Newsline, reported
that a Pennsylvania appeals court has reversed a Philadelphia
County jury's judgment against a defendant in an asbestos lawsuit,
concluding that the statute of repose bars the plaintiffs' claims.

Judge Jack A. Panella of the Superior Court of Pennsylvania
delivered the June 26 opinion. Judges Judith F. Olson and James J.
Fitzgerald III concurred.

Both parties filed cross appeals arising from an asbestos verdict
entered Dec. 28, 2011, in the Court of Common Pleas of
Philadelphia County in favor of plaintiffs David and Frances
Graver and against defendant Foster Wheeler Corporation.

While both parties raised several issues, but Panella wrote that
the court only found need to address whether the statute of repose
for improvements to real property bars asbestos personal injury
claims against entities involved in the construction of
improvements to real property. The court determined that it does.

Graver, now deceased, worked at the Pennsylvania Power and Light's
Holtwood Steam Plant from 1983 until his retirement in 2010.

As part of his employment, he worked on a boiler designed by
Foster Wheeler, which was 11 to 13 stories tall and contained
asbestos products, including Foster Wheeler insulation.

The decedent was allegedly exposed to asbestos being released from
the boiler's insulation, causing him to develop mesothelioma.

Prior to trial in July 2011, Foster Wheeler sought summary
judgment, claiming the statute of repose barred the plaintiffs'
claims against it. The trial court denied the motion.

Foster Wheeler then filed a motion for compulsory nonsuit, again
alleging the statute of repose barred suit against it, which was
also denied.  The case proceeded to trial and the jury found in
favor of the Gravers, awarding the decedent $3 million and his
wife $1.5 million for loss of consortium.

The awards were based on the jury's conclusion that five settling
defendants were also liable for the decedent's injuries.

Therefore, the trial court reduced the verdicts by one-sixth for a
modified verdict of $500,000 for the decedent and $250,000 for his
wife. Both parties filed post-trial motions which were denied.

As a result, each party appealed.

Panella wrote that the issue here arises from Foster Wheelers'
claim that the statute of repose for improvements to real property
bars all of the plaintiffs' claims against it.

On the other hand, the Gravers dispute the contention by claiming
there is no statutory right to repose in asbestos cases.

Panella explained that while the trial court found that the boiler
at issue was an improvement contemplated within the statute, it
declined to apply the statute according to what it classified as
"strong dicta" from the Abrams decision, which indicated that
there is no statutory right to repose in asbestos cases.

However, Foster Wheeler argued Abrams is "inapplicable because it
does not address the statute of repose, but instead concerns the
statute of limitations for asbestos-related claims."

Panella said the court agrees with Foster Wheeler, finding the
trial court's reliance on Abrams to be incorrect.

Examining the differences of statutes of repose and statutes of
limitations, he explained that both statutes establish how long a
plaintiff has to bring a cause of action. Specifically, statutes
of limitations typically begin to run when the plaintiff suffers
harm. On the other hand, statutes of repose bar all lawsuits filed
later than 12 years after the completion of the improvement, even
if the appropriate time period ends before a claimant suffers a
resulting injury from the action.

Because Foster Wheeler completed the boiler in question in 1955,
the claimant would have had to file suit by 1967 according to the
statute of repose.

However, the Gravers did not file their claims until 2010 -- 43
years after the statute of repose deadline.

Although, the Gravers argued the statute is inapplicable.

They claimed Foster Wheeler is a manufacturer and supplier of
metal products and asbestos insulation rather than a designer of
improvements to real property, as alleged.

"Thus, they claim that since Foster Wheeler's asbestos insulation
was merely integrated into the boiler at issue, they cannot seek
shelter from liability under the statute of repose," Panella

They further argued that the asbestos-containing insulation was
not an "improvement" according to the statute.

Panella said the contentions are meritless, saying that the trial
court found that Foster Wheeler was involved in the design and
construction of the boiler and didn't merely supply insulation.

PP&L's general contractor, EBASCO, contracted Foster Wheeler to
design the boiler used at the plant and then integrated it into
their plans.

Furthermore, the appeals court held that the boiler was "clearly
an improvement" according to the statute.

Citing the Pennsylvania Supreme Court, Panella explained that an
improvement is defined as "a valuable addition made to property
(usually real estate) or an amelioration in its condition,
amounting to more than mere repairs or replacement, costing labor
or capital, and intended to enhance its value, beauty or utility
or to adapt it for new or further purposes."

As for the Abrams decision, the Gravers argued the Supreme Court
held that "'no statutory right of repose exists with respect to
asbestos cases. Indeed, had the legislature intended that asbestos
exposure cases be subject to a statute of repose, it could have
expressly indicated so in its enactment of 42 Pa.C.S.A. Sec.

However, the appeals court was unconvinced and concluded that the
trial court erred when relying on Abrams.

"While we respect the importance of precedent in shaping the
jurisprudence of the Commonwealth, we find it difficult to
conclude that such a generalized statement by the Supreme Court is
binding on the issue before us," Panella wrote.

The Abrams case dealt with the relation between the asbestos
statute of limitations and the "one disease" and "two disease"
rules. It did not discuss the statute of repose for improvements
to real estate, he explained.

"In this context, it gives us great pause to conclude that the
court's isolated statement was a blanket prohibition of statutes
of repose in all asbestos cases," Panella wrote. "This is
especially so when such declaration conflicts with a plain reading
of the statute at issue."

The Gravers further argued that the statute of limitations should
be proper in this case because it was adopted more recently than
the statute of repose.

Again, the appeals court disagreed with the argument, stating that
the statutes generally operate independently of one another.

"The statute of limitations applies only to those cases arising
from alleged exposure to asbestos," Panella wrote. "On the other
hand, the relevant statute of repose has a greater reach and
involves all claims against those persons involved in the design,
planning, supervision or construction of any improvement to real

The court concluded that the statute of repose bars the Gravers'
claims and explained that exceptions for asbestos claims should be
integrated from legislative action, not an act of "judicial fiat,"
Panella wrote.

"It is not our function as the judiciary to construct an asbestos-
related exception to the statute of repose in construction cases,"
he added.

ASBESTOS UPDATE: MP Concerned by Handling of School Fibro Probe
Julia Irwin, writing for Northcote Leader, reported that
Northcote, Australia Labor MP Fiona Richardson says she has an
undertaking from Education Minister Martin Dixon to endeavour to
resolve all issues around the Wales St Primary School asbestos
scare by term three.

Ms Richardson also raised concerns about the Education
Department's handling of the asbestos investigation in parliament.

A damming report from Echelon Loss Adjusting, arising from the
independent investigation into the exposure, criticised the
school's handling of the incident.

The report, released by the department, found the school had
allowed prep children and staff to enter a classroom in Block C
from February 3-7 after cleaning works had begun, but before
formal clearance was given.

"In our opinion the school should not have allowed this classroom
to be used once potential concerns were raised," the report from
Echelon Loss Adjusting said.

"It is clear that the classroom had been reopened before
appropriate clearance had been given."

The report also found the school failed to complete a division six
audit required under Education Department rules for renovations in
a building containing asbestos.

"Whilst the school appears to have commenced the process of
obtaining a division six audit, this process was not complete,"
the report says.

It also found the school's asbestos register and risk management
plan was "substantially out of date".

School council president Phillip Papas said parents were pleased
that "matters regarding the asbestos incident at the school were
moving towards resolution".

"It has been a difficult time for the school and it is important
that these matters are fully resolved as quickly as possible," Mr
Papas said.

Ms Richardson said it was time for the issue to be resolved.

"It's dragged on way too long," Ms Richardson said.

She expressed concerns that principal Christopher Sexton was
"denied natural justice" after having been removed from his duties
in early February and not reinstated.

"Obviously, the wellbeing of kids at the school is of paramount
importance," she said.

In an open letter, north-western Victoria regional director
Jeanette Nagorcka said the Education Department was using the
Echelon Loss Adjusting report to identify individuals exposed,
identify other risks and to inform changes to asbestos practices
and procedures.

"The school has been working with families and staff in recent
weeks to update the department's incident reporting and hazard
management system, EdSafe,' Ms Nagorcka said.

"This will allow for the permanent recording of individuals who
may have potentially been exposed to asbestos."

The Leader approached the school's administration for comment but
were referred to the Education Department.

Department spokesman Simon Craig said the department was "moving
quickly to finalise its own investigation into the asbestos
incident, which includes how relevant individual responsibilities
were carried out".

ASBESTOS UPDATE: West Herts Hospital Trust Guilty of Fibro Risks
Debbie White, writing for The Herts Advertiser, reported that the
health trust in charge of St Albans Hospital, in the United
Kingdom, has pleaded guilty to five health and safety offences in
relation to the management of asbestos during a decade.

West Herts Hospitals NHS Trust, made up of Watford, St Albans and
Hemel Hempstead hospitals, pleaded guilty to contravening a health
and safety regulation at Watford Magistrates' Court.

One charge was for an employer breach, between April 1, 2000 and
December 6, 2011, for failing to discharge the duty to which it is
subject to ensure the health, safety and welfare of employees,
including members of the estates teams exposed to asbestos.

There were three further counts of contravening a health and
safety regulation: for failing to have a written plan and take
measures for managing the risk from asbestos, or give adequate
information, instruction and training to employees likely to be
exposed to the fibres between November 12, 2006 and December 6,
2011, at Watford, St Albans and Hemel hospitals.

The fifth offence that the trust pleaded guilty to was for failing
to take measures necessary to reduce the exposure of its employees
to asbestos to the lowest level reasonably practicable.

After the trust appeared in court Dr Mike Van Der Watt, medical
director, said the case has now been referred to the Crown Court
for sentencing.

He added: "It would be inappropriate for us to comment further at
this stage other than to say that we have made significant changes
to the way we manage and control asbestos across our hospitals,
ensuring the risk of exposure to our staff and patients is to the
lowest reasonable level.

"In addition we have invested heavily in the safe removal of
asbestos across all three sites."

The trust, created in 2000, is one of the largest employers
locally with around 4,500 staff and volunteers. Its three
hospitals see about 600,000 patients a year.

ASBESTOS UPDATE: Montana Library Cleanup Could Take 3 Weeks
Mike Ferguson, writing for Billings Gazette, reported that
asbestos removal at the old Parmly Billings Library, Montana,
could take a week or it could take three weeks, but the action
marks the beginning of the end for the erstwhile brick building.

It's a necessary step for the ultimate goal of building a parking
lot and parking garden for use by patrons of the new library next
door. Library Director Bill Cochran said he expects that
construction to be complete in October.

"People have been patient, but they are understandably frustrated
over not having convenient parking," Cochran said.

Coincidentally, that day, under the original construction
schedule, the library was set to open its new parking lot and
parking garden.

"We think that at this point we are past any significant hurdles,"
Cochran said. "Right now all systems are go."

Crews from Safetech Inc., the asbestos abatement contractor, are
working on piles of rubble as well as whatever asbestos might
still be in the building, Cochran said. He said he's heard varying
reports that the abatement work could take a week, or it could
take three weeks.

"In both cases (inside and outside the building) it's in limited
quantities," he said.

After the abatement work is complete, an inspector from the
Montana Department of Environmental Quality will pay a visit from
Helena to certify the work. The demolition can resume after that
and is expected to take three or four weeks, Cochran said.

Construction of the parking lot and parking garden will
probably begin in late August and is expected to take about two

"Once construction begins, it ought to go awfully fast," Cochran

Cochran said the library still plans a public celebration this
fall once the construction is complete.


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

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