FDA approves Bristol Myers, Pfizer’s anti-clotting drug Eliquis






(Reuters) – U.S. health regulators approved clot prevention drug Eliquis, developed by Bristol Myers-Squibb Co and Pfizer Inc, for treatment in patients with atrial fibrillation, or irregular heartbeats.


The drug, also known as apixaban, was approved by European health regulators last month.






Eliquis belongs to a new class of medicines designed to replace decades-old warfarin for preventing blood clots in heart patients, or after a hip- or knee-replacement surgery.


Eliquis would compete against approved blood clot preventers such as Xarelto from Johnson & Johnson and Bayer, and Pradaxa from Boehringer Ingelheim.


Treating atrial fibrillation, which greatly raises the risk of strokes, is considered by far the largest and most important use for these new drugs.


The oral tablet Eliquis, like Xarelto, works by inhibiting a protein called Factor Xa that plays a critical role in blood clotting. Pradaxa has a slightly different mechanism of action.


However, Eliquis should not be taken by patients with prosthetic heart valves or those with atrial fibrillation caused by a heart valve problem, the U.S. Food and Drug Administration said in a statement.


About 5.8 million people in the United States suffer from atrial fibrillation, the most common form of heart arrhythmia, or irregular heartbeat.


Bristol-Myers shares were up 2 percent at $ 32.48 and Pfizer shares were up 10 cents at $ 24.99 in extended trading.


(Reporting by Prateek Kumar; Editing by Sreejiraj Eluvangal)


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Fans to join Beyonce onstage at Super Bowl






NEW YORK (AP) — All the single ladies — and fellas — will have a chance to join Beyonce onstage at the upcoming Super Bowl.


Pepsi announced Friday that 100 fans will hit the stage when the Grammy-winning diva performs on Feb. 3 at the Mercedes-Benz Superdome in New Orleans. A contest that kicks off Saturday will allow fans to submit photos of themselves in various poses, including head bopping, feet tapping and hip shaking. Those pictures will be used in a TV ad introducing Beyonce’s halftime performance, and 50 people — along with a friend — will be selected to join the singer onstage.






The photo contest — at www.pepsi.com/halftime — ends Jan. 19, but Jan. 11 is the cut-off date for those interested in appearing onstage with Beyonce.


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China tightens Internet controls, legalizes post deletion






BEIJING (Reuters) – China unveiled tighter Internet controls on Friday, legalizing the deletion of posts or pages which are deemed to contain “illegal” information and requiring service providers to hand over such information to the authorities for punishment.


The rules signal that the new leadership headed by Communist Party chief Xi Jinping will continue muzzling the often scathing, raucous online chatter in a country where the Internet offers a rare opportunity for debate.






The new regulations, announced by the official Xinhua news agency, also require Internet users to register with their real names when signing up with network providers, though, in reality, this already happens.


Chinese authorities and Internet companies such as Sina Corp have long since closely monitored and censored what people say online, but the government has now put measures such as deleting posts into law.


Service providers are required to instantly stop the transmission of illegal information once it is spotted and take relevant measures, including removing the information and saving records, before reporting to supervisory authorities,” the rules state.


The restrictions follow a series of corruption scandals amongst lower-level officials exposed by Internet users, something the government has said it is trying to encourage.


Li Fei, deputy head of parliament’s legislative affairs committee, said the new rules did not mean people needed to worry about being unable to report corruption online. But he added a warning too.


“When people exercise their rights, including the right to use the Internet, they must do so in accordance with the law and constitution, and not harm the legal rights of the state, society … or other citizens,” he told a news conference.


Chinese Internet users already cope with extensive censorship measures, especially over politically sensitive topics like human rights and elite politics, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.


Earlier this year, the government began forcing users of Sina’s wildly successful Weibo microblogging platform to register their real names.


The new rules were quickly condemned by some Weibo users.


“So now they are getting Weibo to help in keeping records and reporting it to authorities. Is this the freedom of expression we are promised in the constitution?” complained one user.


“We should resolutely oppose such a covert means to interfere with Internet freedom,” wrote another.


The government says tighter monitoring of the Internet is needed to prevent people making malicious and anonymous accusations online, disseminating pornography and spreading panic with unfounded rumors, pointing out that many other countries already have such rules.


Despite periodic calls for political reform, the party has shown no sign of loosening its grip on power and brooks no dissent to its authority.


(Reporting by Ben Blanchard and Sally Huang; Editing by Nick Macfie)


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Obama ‘optimistic’ Senate leaders will reach ‘fiscal cliff’ deal this weekend


(Reuters/Jonathan Ernst)(Reuters/Jonathan Ernst)


Following talks with congressional leaders that yielded no news of  a "fiscal cliff" agreement, President Barack Obama on Friday evening pressured lawmakers to reach a deal this weekend as the public's patience wears thin.


"America wonders why it is that in this town for some reason they can't get stuff done in an organized timetable, why everything always has to wait for the last minute," Obama said during a statement delivered in the White House briefing room. "The American people are not going to have any patience for a politically self-inflicted wound to our economy, not right now."


The president confirmed that following his Friday afternoon meeting with congressional leaders, Senate Majority Leader Harry Reid and Senate Minority Leader Mitch McConnell have been tasked to reach an agreement to reduce the deficit and avoid the "fiscal cliff"—automatic spending cuts and tax increases set to go into effect Jan. 1.


But in the absence of a deal, Obama said he will "urge" Reid to "bring to the floor a basic package for an up-or-down vote" that would increase taxes on households earning more than $250,000, extend unemployment insurance and disarm a sequestration—provisions the president has supported.


But Republicans have been rejecting any tax increases, even for the wealthiest earners.


"If members of the House or Senate want to vote 'no,' they can," Obama said of his plan. "But we should let everybody vote. That's the way this is supposed to work."


The president referred to Friday's meeting, which also included House Speaker John Boehner, House Minority Leader Nancy Pelosi, Vice President Joe Biden and Treasury Secretary Tim Geithner, as "good and constructive" and said he remained "modestly optimistic" about Congress' ability to reach a deal.


But he blamed Congress for the 11th-hour holdup.


"The economy is growing, but sustaining that trend is going to require elected officials to do their jobs," Obama said.


No details on the proposals offered Friday were released by the White House or the lawmakers present.


According to a readout from the speaker's office, Boehner began the meeting by reminding those gathered "that the House has already acted to avert the entire fiscal cliff and is awaiting Senate action." Plan options were discussed and the speaker said the House will consider Senate-amended, House-passed legislation.


Following the meeting, McConnell said on the Senate floor that he was "hopeful and optimistic" about a deal.


"We had a good meeting down at the White House. We are engaged in discussions—the majority leader and myself and the White House—in the hopes that we can come forward as early as Sunday and have a recommendation that I can make to my conference and the majority leader can make to his conference," McConnell said. "And so we’ll be working hard to try to see if we can get there in the next 24 hours."



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Celebrity bad science: Dried placenta pills and oxygen shots






LONDON (Reuters) – Pop guru Simon Cowell carries pocket-sized inhalable oxygen shots, America’s “Mad Men” actress January Jones favors dried placenta pills, and British soap star Patsy Palmer rubs coffee granules into her skin.


Celebrities rarely shy away from public peddling of dubious ideas about health and science, and 2012 was no exception.






In its annual list of the year’s worst abuses against science, the Sense About Science (SAS) campaign also named former U.S. presidential candidate Mitt Romney for spreading misinformation about windows on planes, and Olympic swimmer Michael Phelps for false justifications for peeing in the pool.


To help set the record straight, SAS, a charity dedicated to helping people make sense of science and evidence, invited qualified scientists to respond to some of the wilder pseudo-scientific claims put about by the rich and famous.


It suggested Romney, who wondered aloud in September why aircraft crews don’t just open the windows when there’s a fire on board, should listen to aeronautical engineer Jakob Whitfield:


“Unfortunately, Mitt, opening a window at height wouldn’t do much good,” the scientist said. “In fact, if you could open a window whilst in flight, the air would rush out…because air moves from the high pressure cabin to the lower pressure outside, probably causing further injury and damage.”


January Jones’s dried placenta pills, which the actress admitted in March she consumed after giving birth, win no favor with Catherine Collins, principal dietician at St George’s Hospital in London.


“Nutritionally, there’s nothing to be gained from eating your placenta – raw, cooked, or dried,” Collins said. “Apart from iron, which can be easily found in other dietary choices or supplements, your placenta will provide toxins and other unsavory substances it had successfully prevented from reaching your baby in utero.”


Gary Moss, a pharmaceutical scientist, patiently points out to Palmer that while caffeine may have an effect on cellulite, rubbing coffee granules into the skin is unlikely to work, since the caffeine can’t escape the granules to penetrate the skin.


Phelps’s claim that it’s fine to pee in the pool because “chlorine kills it” is put straight by biochemist Stuart Jones, who reminds him that “urine is essentially sterile so there isn’t actually anything to kill in the first place”.


And for Cowell, Kay Mitchell a scientist at the Centre for Altitude Space and Extreme Environment Medicine warns that very high levels of oxygen can in fact be toxic – particularly in the lungs, where oxygen levels are highest.


“Celebrity comments travel far and fast, so it’s important that they talk sense,” said Sense About Science’s managing director Tracey Brown. “The implausible and frankly dangerous claims about how to avoid cancer, improve skin or lose weight are becoming ever more ridiculous. And unfortunately they have a much higher profile than the research and evidence.”


To encourage more vigilance among celebrity pseudo-scientists in the future, SAS provided a checklist of “misleading science claims” it suggests should be avoided:


* “Immune boosting” – you can’t and you don’t need to


* “Detox” – your liver does this


* “Superfood” – there is no such thing, just foods that are high in some nutrients


* “Oxygenating” – your lungs do this


* “Cleansing” – you shouldn’t be trying to cleanse anything other than your skin or hair.


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‘Rescue Me’ singer Fontella Bass dies






ST. LOUIS (AP) — Fontella Bass, a St. Louis-born soul singer who hit the top of the R&B charts with “Rescue Me” in 1965, has died. She was 72.


Bass died Wednesday night at a St. Louis hospice of complications from a heart attack suffered three weeks ago, her daughter, Neuka Mitchell, said. Bass had also suffered a series of strokes over the past seven years.






“She was an outgoing person,” Mitchell said of her mother. “She had a very big personality. Any room she entered she just lit the room up, whether she was on stage or just going out to eat.”


Bass was born into a family with deep musical roots. Her mother was gospel singer Martha Bass, one of the Clara Ward Singers. Her younger brother, David Peaston, had a string of R&B hits in the 1980s and 1990s. Peaston died in February at age 54.


Bass began performing at a young age, singing in her church’s choir at age 6. She was surrounded by music, often traveling on national tours with her mother and her gospel group.


Her interest turned from gospel to R&B when she was a teenager and she began her professional career at the Showboat Club in north St. Louis at age 17. She eventually auditioned for Chess Records and landed a recording contract, first as a duet artist. Her duet with Bobby McClure, “Don’t Mess Up a Good Thing,” reached No. 5 on the R&B charts and No. 33 on the Billboard Top 100 in 1965.


She co-wrote and later that year recorded “Rescue Me,” reaching No. 1 on the R&B charts and No. 4 on the Billboard pop singles chart. Bass’s powerful voice bore a striking resemblance to that of Aretha Franklin, who is often misidentified as the singer of that chart-topping hit.


Bass had a few other modest hits but by her own accounts developed a reputation as a troublemaker because she demanded more artistic control, and more money for her songs. She haggled over royalty rights to “Rescue Me” for years before reaching a settlement in the late 1980s, Mitchell said. She sued American Express over the use of “Rescue Me” in a commercial, settling for an undisclosed amount in 1993.


“Rescue Me” has been covered by many top artists, including Linda Ronstadt, Cher, Melissa Manchester and Pat Benatar. Franklin eventually sang a form of it too — as “Deliver Me” in a Pizza Hut TV ad in 1991.


Bass lived briefly in Europe before returning to St. Louis in the early 1970s, where she and husband Lester Bowie raised their family. She recorded occasionally, including a 1995 gospel album, “No Ways Tired,” that earned a Grammy nomination.


Bass was inducted into the St. Louis Hall of Fame in 2000.


Funeral arrangements for Bass were incomplete. She is survived by four children. Bowie died in 1999.


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Analysis: For tech investors, it’s hard to know when to bolt






(Reuters) – When Hewlett-Packard Co agreed to buy British software company Autonomy in August last year for $ 11.1 billion, two well-known investors made diametrically different bets on how the big deal would play out.


To short seller Jim Chanos, who had been raising red flags on Autonomy for years and had started shorting shares of HP in 2011, the deal was another nail in the coffin of the Silicon Valley tech giant, according to a source familiar with his thinking.






But to activist investor Ralph Whitworth, co-founder of Relational Investors LLC, it was time to commit to HP and the turnaround story the company was trying to sell to Wall Street. His fund bought more than 17.5 million HP shares after the deal was announced, and Whitworth received a seat on the company’s board. This year, Relational roughly doubled its stake in HP.


In the wake of HP’s decision to take an $ 8.8 billion write-down on the deal because of alleged accounting irregularities at Autonomy, it appears Chanos – whose call to short Enron before the energy company collapsed in a corporate scandal may be his most famous trade – was more astute.


HP’s shares are down 36 percent since Relational, which declined to comment, built its stake in the third quarter of 2011.


BARRIERS TO ENTRY


Relational’s big move into HP is a reminder that even smart investors can get things wrong in the fast-evolving technology sector, where once hot global names like Research in Motion and Yahoo can quickly become yesterday’s news.


It is a world where a company may effectively erect barriers to entry in a market only to have them torn down by a rival with a new whizz-bang product – just as Apple‘s iPhone broke the dominance that Research in Motion’s BlackBerry had enjoyed.


One warning sign that a tech company may be on the verge of losing its edge is when it makes acquisitions outside of its main area of expertise to move into new product lines. Savvy tech investors also say be wary of companies that experience a succession of management changes, or when a successful core business starts looking tired.


The pace of change in the technology sector is much faster than in other industries, said Kaushik Roy, an analyst at Hercules Technology Growth Capital. “It attracts new talent and capital, many startups are formed, which can be extremely disruptive to incumbents,” Roy said. “In other words, yesterday’s winners can rapidly become today’s losers and vice versa.”


In the case of HP, the company not only has had four CEOs since 1999, it has been striving to find another niche to dominate as demand for one of its core products – computer printers – wanes and as its PC business stumbles.


Or consider online search pioneer Yahoo, which has gone through six chief executives and is struggling to keep pace with Google.


Josh Spencer, a portfolio manager at T. Rowe Price, said frequent turnover in the executive suite at Yahoo was a warning sign to him. Spencer said he does not own Yahoo shares and has not in the recent past.


RED FLAGS


While a company may view an acquisition as a fresh start – that is what HP was trying to say about Autonomy – some investors see it as a warning the core business is struggling.


Spencer noted that the technology industry’s most successful companies – Apple and Samsung – generally have not made acquisitions and instead developed new products internally.


For Margaret Patel, managing director at Wells Capital Management, one of the first red flags she saw at HP was when former CEO Carly Fiorina bought Compaq for roughly $ 25 billion in 2002.


“I felt then that the acquisition was too large and expensive, and personal computers were not their core strength,” said Patel, who has since avoided investing in HP.


Of course, timing can be everything even if an investor is eventually proven right. Patel missed out on a 137 percent gain in HP’s stock price from the time of the Compaq deal up until the end of 2010.


PREMIUM VALUATIONS


A few money managers see a flashing yellow light in the big sell-off of Apple shares in the past few months.


Apple, the most valuable U.S. company, has shed nearly 30 percent of its value in the last three months.


Since the death of co-founder Steve Jobs – the driving force behind Apple’s iPod, iPhone and iPad – DoubleLine co-founder Jeffrey Gundlach has been recommending that investors short the company’s shares because “the product innovator isn’t there anymore.”


Gundlach said he began shorting Apple’s stock at around $ 610 and maintains that it could drop to $ 425. He declined to comment on Tim Cook, who succeeded Jobs over a year ago and is seen by many as less visionary and innovative than Jobs.


Christian Bertelsen, chief investment officer at Global Financial Private Capital, with assets under management of $ 1.7 billion, said his firm began paring back its exposure to Apple this fall because he felt the expectations for the company’s new iPhone5 had gotten overheated.


He said his firm dramatically took down its exposure to Apple shares when the stock hit $ 670 a share. “For us, the light bulb went off this fall,” he said. Mind you, Apple’s shares still remain up about 25 percent for the whole year.


And then there’s Research in Motion. Once a leader in smartphones, it’s now in danger of becoming irrelevant.


“They saw the move towards all touch-screen phones and didn’t move with it,” said Stuart Jeffrey, an analyst at Nomura Securities who noted how the BlackBerry 10 touch-screen phone will debut on January 30, 2013, six years after Apple released its first iPhone in 2007.


Robert Stimpson, a portfolio manager at Oak Associates Funds whose fund does not own any shares of Research in Motion, said the company’s BlackBerry phones are on a downward slope and it will be tough for the company to regain its lost luster.


“The end of the road is a long, lonely journey,” Stimpson said of Research in Motion. “I think they will fight the good fight for many years, probably unsuccessfully.”


(Reporting by Nicola Leske and Sam Forgione in New York; Editing by Paritosh Bansal, Tiffany Wu, Jennifer Ablan and Matthew Goldstein; Editing by Steve Orlofsky)


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Retired General Norman Schwarzkopf dies


WASHINGTON (AP) — Retired Gen. H. Norman Schwarzkopf, who topped an illustrious military career by commanding the U.S.-led international coalition that drove Saddam Hussein's forces out of Kuwait in 1991 but kept a low public profile in controversies over the second Gulf War against Iraq, died Thursday. He was 78.


Schwarzkopf died in Tampa, Fla., where he had lived in retirement, according to a U.S. official, who was not authorized to release the information publicly and spoke on condition of anonymity.


A much-decorated combat soldier in Vietnam, Schwarzkopf was known popularly as "Stormin' Norman" for a notoriously explosive temper.


He served in his last military assignment in Tampa as commander-in-chief of U.S. Central Command, the headquarters responsible for U.S. military and security concerns in nearly 20 countries from the eastern Mediterranean and Africa to Pakistan.


Schwarzkopf became "CINC-Centcom" in 1988 and when Saddam Hussein invaded Kuwait three years later to punish it for allegedly stealing Iraqi oil reserves, he commanded Operation Desert Storm, the coalition of some 30 countries organized by then-President George H.W. Bush that succeeded in driving the Iraqis out.


At the peak of his postwar national celebrity, Schwarzkopf — a self-proclaimed political independent — rejected suggestions that he run for office, and remained far more private than other generals, although he did serve briefly as a military commentator for NBC.


While focused primarily in his later years on charitable enterprises, he campaigned for President George W. Bush in 2000 but was ambivalent about the 2003 invasion of Iraq, saying he doubted victory would be as easy as the White House and Pentagon predicted. In early 2003 he told the Washington Post the outcome was an unknown:


"What is postwar Iraq going to look like, with the Kurds and the Sunnis and the Shiites? That's a huge question, to my mind. It really should be part of the overall campaign plan," he said.


Initially Schwarzkopf had endorsed the invasion, saying he was convinced that former Secretary of State Colin Powell had given the United Nations powerful evidence of Iraqi weapons of mass destruction. After that proved false, he said decisions to go to war should depend on what U.N. weapons inspectors found.


He seldom spoke up during the conflict, but in late 2004, he sharply criticized then-Defense Secretary Donald Rumsfeld and the Pentagon for mistakes that included inadequate training for Army reservists sent to Iraq and for erroneous judgments about Iraq.


"In the final analysis I think we are behind schedule. ... I don't think we counted on it turning into jihad (holy war)," he said in an NBC interview.


Schwarzkopf was born Aug. 24, 1934, in Trenton, N.J., where his father, Col. H. Norman Schwarzkopf Jr., founder and commander of the New Jersey State Police, was then leading the investigation of the Lindbergh kidnap case, which ended with the arrest and 1936 execution of German-born carpenter Richard Hauptmann for stealing and murdering the famed aviator's infant son.


The elder Schwarzkopf was named Herbert, but when the son was asked what his "H'' stood for, he would reply, "H." Although reputed to be short-tempered with aides and subordinates, he was a friendly, talkative and even jovial figure who didn't like "Stormin' Norman" and preferred to be known as "the Bear," a sobriquet given him by troops.


He also was outspoken at times, including when he described Gen. William Westmoreland, the U.S. commander in Vietnam, as "a horse's ass" in an Associated Press interview.


As a teenager Norman accompanied his father to Iran, where the elder Schwarzkopf trained the country's national police force and was an adviser to Reza Pahlavi, the young Shah of Iran.


Young Norman studied there and in Switzerland, Germany and Italy, then followed in his father's footsteps to West Point, graduating in 1956 with an engineering degree. After stints in the U.S. and abroad, he earned a master's degree in engineering at the University of Southern California and later taught missile engineering at West Point.


In 1966 he volunteered for Vietnam and served two tours, first as a U.S. adviser to South Vietnamese paratroops and later as a battalion commander in the U.S. Army's Americal Division. He earned three Silver Stars for valor — including one for saving troops from a minefield — plus a Bronze Star, a Purple Heart and three Distinguished Service Medals.


While many career officers left military service embittered by Vietnam, Schwarzkopf was among those who opted to stay and help rebuild the tattered Army into a potent, modernized all-volunteer force.


After Saddam invaded Kuwait in August 1990, Schwarzkopf played a key diplomatic role by helping to persuade Saudi Arabia's King Fahd to allow U.S. and other foreign troops to deploy on Saudi territory as a staging area for the war to come.


On Jan. 17, 1991, a five-month buildup called Desert Shield became Operation Desert Storm as allied aircraft attacked Iraqi bases and Baghdad government facilities. The six-week aerial campaign climaxed with a massive ground offensive on Feb. 24-28, routing the Iraqis from Kuwait in 100 hours before U.S. officials called a halt.


Schwarzkopf said afterward he agreed with Bush's decision to stop the war rather than drive to Baghdad to capture Saddam, as his mission had been only to oust the Iraqis from Kuwait.


But in a desert tent meeting with vanquished Iraqi generals, he allowed a key concession on Iraq's use of helicopters, which later backfired by enabling Saddam to crack down more easily on rebellious Shiites and Kurds.


While he later avoided the public second-guessing by academics and think tank experts over the ambiguous outcome of Gulf War I and its impact on Gulf War II, he told the Washington Post in 2003, "You can't help but... with 20/20 hindsight, go back and say, 'Look, had we done something different, we probably wouldn't be facing what we are facing today.'"


After retiring from the Army in 1992, Schwarzkopf wrote a best-selling autobiography, "It Doesn't Take A Hero." Of his Gulf war role, he said, "I like to say I'm not a hero. I was lucky enough to lead a very successful war." He was knighted by Queen Elizabeth II and honored with decorations from France, Britain, Belgium, Kuwait, Saudi Arabia, United Arab Emirates, Qatar and Bahrain.


Schwarzkopf was a national spokesman for prostate cancer awareness and for Recovery of the Grizzly Bear, served on the Nature Conservancy board of governors and was active in various charities for chronically ill children.


"I may have made my reputation as a general in the Army and I'm very proud of that," he once told the AP. "But I've always felt that I was more than one-dimensional. I'd like to think I'm a caring human being. ... It's nice to feel that you have a purpose."


Schwarzkopf and his wife, Brenda, had three children: Cynthia, Jessica and Christian.


___


Pyle contributed from New York.


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Justice Sotomayor refuses to block contraceptives mandate






(Reuters) – U.S. Supreme Court Justice Sonia Sotomayor has refused to block enforcement starting next week of a requirement in President Barack Obama‘s 2010 healthcare overhaul that some companies provide insurance coverage for contraceptive drugs and devices.


In an order issued on Wednesday, Sotomayor said two for-profit companies controlled by Oklahoma City billionaire David Green and his family did not qualify for an injunction while they challenge the requirement in court.






Hobby Lobby Stores Inc, an arts and crafts chain with more than 500 stores, and Mardel Inc, a chain of 35 Christian-themed bookstores, said it violated their religious beliefs to require that their group health plans cover treatments that could induce abortions.


They said they face possible fines of $ 1.3 million a day if they disobey the mandate, which takes effect on January 1.


Sotomayor, who hears emergency appeals from the 10th Circuit, said it was not “indisputably clear” that Hobby Lobby and Mardel deserved an injunction, noting that lower courts have been divided in similar cases on whether temporary relief is proper.


“Even without an injunction pending appeal, the applicants may continue their challenge to the regulations in the lower courts,” and following a final judgment ask the Supreme Court at that time to consider their appeal, she said.


Sotomayor did not rule on the merits of the companies’ religious-based claims.


Kyle Duncan, general counsel for the nonprofit Becket Fund for Religious Liberty, which represents the chains, did not immediately respond to requests for comment. At least 42 lawsuits have been filed over the issue, the fund has said.


Hobby Lobby and Mardel claimed that the contraceptives provision violated the First Amendment to the U.S. Constitution, as well as the Religious Freedom Restoration Act of 1993.


But on November 19, Oklahoma federal judge Joe Heaton refused to issue a preliminary injunction, saying the chains did not have the same religious rights as Green family members. Then on Thursday, the 10th U.S. Circuit Court of Appeals in Denver refused to issue a injunction during the chains’ appeal.


Forbes magazine in September called David Green, 71, the 79th richest American, with a net worth of $ 4.5 billion.


The case is Hobby Lobby Stores Inc et al v. Sebelius et al, U.S. Supreme Court, No. 12A644.


(Reporting by Jonathan Stempel in New York; Editing by Cynthia Osterman)


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Police investigate NBC News anchor for showing gun clip






(Reuters) – NBC News anchor David Gregory is being investigated by police after displaying what he said was a high-capacity gun clip on Sunday’s broadcast of “Meet the Press,” Washington‘s Metropolitan Police Department said Wednesday.


Gregory held up what appeared to be a 30-round gun magazine – which would be barred under Washington municipal code – while hosting the nationally broadcast interview with National Rifle Association Chief Executive Officer Wayne LaPierre.






“Here is a magazine for ammunition that carries 30 bullets,” Gregory said as he held aloft the black cartridge, according to video posted on the network’s website.


“Now isn’t it possible that, if we got rid of these, if we replaced them and said ‘Well, you could only have a magazine that carries five bullets or ten bullets,’ isn’t it just possible that we can reduce the carnage in a situation like Newtown?” Gregory asked LaPierre.


“I don’t think it’s what will work,” LaPierre responded.


The network had contacted the police department prior to Sunday’s broadcast “inquiring if they could use a high capacity magazine for the segment,” police spokesman Araz Alali said on Wednesday.


NBC was informed that possession of a high-capacity magazine was not permissible and their request was denied.”


Alali, the police spokesman, declined to elaborate on the investigation into NBC.


Washington’s municipal code prohibits possession, sale or transfer of “any large capacity ammunition feeding device, regardless of whether the device is attached to a firearm.”


The maximum penalty for conviction on such a charge is a $ 1,000 fine and one year in prison.


NBC spokeswoman Erika Masonhall, contacted by email, said the network had no comment on the investigation.


After the broadcast, which originated in Washington, a number of bloggers and websites questioned Gregory’s actions and the legality of the gun clip.


(Reporting by Chris Francescani and Paul Eckert; Editing by Paul Thomasch, Andrew Hay and Gunna Dickson)


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Nokia Lumia 920′s fascinating Christmas sets stage for battle with BlackBerry 10






The Chinese version of Nokia’s (NOK) new flagship Windows Phone model recently debuted in Shanghai. According to pictures posted to Chinese websites, the Lumia 920T drew a big crowd… and sold out in two hours. So the debate over whether there is wide mass market demand for the model rages on.


[More from BGR: Microsoft Surface trampled at the bottom of the tablet pile this Christmas]






The very limited early supply makes it hard to gauge the demand in China. The Lumia 920 did hit Amazon China’s (AMZN) top-five list a week ago, but sold out quickly and dropped out. There are now rumors about China Mobile planning to further subsidize the Lumia 920T in January, making it effectively free on contract. This would be China Mobile’s revenge on Apple (AAPL) for its refusal to cut a sweetheart deal with the giant carrier and its 700 million subscribers.


[More from BGR: Purported photo of new BlackBerry phone with QWERTY keyboard leaks]


Nokia may thus be close to landing the Chinese version of the role that Motorola played for Verizon (VZ) in 2010. Back then, the U.S. carrier used DROID models to flaunt the fact that it did not really need the iPhone as badly as many assumed.


China Mobile is now planning to show Apple it can turn even Windows Phones into mass-market hits in China with its marketing and subsidy machine. This could be great for Nokia — if Apple isn’t forced into a cutting a quick deal in coming months. The iPhone’s ho-hum market share performance in markets like Latin America and Asia is piling pressure on Apple right about now.


In a fascinating U.S. twist, the Lumia 920 climbed the Amazon charts again over the past week as its supply has improved. The black variant of the Lumia 920 debuted in the top-three in November, dropped out of top-40 after Amazon’s delivery time stretched to two weeks… and has now staged a comeback to No.14. This makes it the second-biggest AT&T (T) phone on Amazon right now, with only the blue version of the Galaxy S III outperforming the 920.


The Lumia 822 is fizzling badly at Verizon, but Nokia just might be gaining a toehold at AT&T even after the pre-Christmas supply drama. It is now clear that the Lumia 920 is beating its biggest Windows rival, the HTC Windows Phone 8X, convincingly at AT&T.


This sets up a very interesting rivalry when AT&T debuts the new generation of BlackBerry 10 models sometime in February or March. The battle for the third mobile ecosystem at AT&T will be effectively waged by Nokia and RIM (RIMM) this spring. The loser may well find out that it does not have strong subsidy or marketing support in 2013.


AT&T has an incentive to build up a third rival for the Apple and Android ecosystems, but it has little reason to support both minor operating systems.


This article was originally published by BGR


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Former President George H.W. Bush in intensive care


HOUSTON (AP) — Former President George H.W. Bush has been admitted to the intensive care unit at a Houston hospital "following a series of setbacks including a persistent fever," but he is alert and talking to medical staff, his spokesman said Wednesday.


Jim McGrath, Bush's spokesman in Houston, said in a brief email that Bush was admitted to the ICU at Methodist Hospital on Sunday. He said doctors are cautiously optimistic about his treatment and that the former president "remains in guarded condition."


No other details were released about his medical condition, but McGrath said Bush is surrounded by family. Bush has been hospitalized since Nov. 23.


Earlier Wednesday, McGrath said a fever that kept Bush in the hospital over Christmas had gotten worse and that doctors had put him on a liquids-only diet.


"It's an elevated fever, so it's actually gone up in the last day or two," McGrath told The Associated Press earlier in the day. "It's a stubborn fever that won't go away."


But he said the bronchitis-like cough that initially brought the 88-year-old to the hospital has improved.


Bush was visited on Christmas by his wife, Barbara, his son, Neil, and Neil's wife, Maria, and a grandson, McGrath said. Bush's daughter, Dorothy, was expected to arrive Wednesday in Houston from Bethesda, Md. The 41st president has also been visited twice by his sons, George W. Bush, the 43rd president, and Jeb Bush, the former governor of Florida.


Bush and his wife live in Houston during the winter and spend their summers at a home in Kennebunkport, Maine.


The former president was a naval aviator in World War II — at one point the youngest in the Navy — and was shot down over the Pacific. He achieved notoriety in retirement for skydiving on at least three of his birthdays since leaving the White House in 1992.


___


Plushnick-Masti can be followed on Twitter at https://twitter.com/RamitMastiAP


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Obesity declining in young, poorer kids: study






NEW YORK (Reuters Health) – The number of low-income preschoolers who qualify as obese or “extremely obese” has dropped over the last decade, new data from the Centers for Disease Control and Prevention show.


Although the decline was only “modest” and may not apply to all children, researchers said it was still encouraging.






“It’s extremely important to make sure we’re monitoring obesity in this low-income group,” said the CDC‘s Heidi Blanck, who worked on the study.


Those kids are known to be at higher risk of obesity than their well-off peers, in part because access to healthy food is often limited in poorer neighborhoods.


The new results can’t prove what’s behind the progress, Blanck told Reuters Health – but two possible contributors are higher rates of breastfeeding and rising awareness of the importance of physical activity even for very young kids.


Blanck and her colleagues used data on routine clinic visits for about half of all U.S. kids eligible for federal nutrition programs – including 27.5 million children between age two and four.


They found 13 percent of those preschoolers were obese in 1998. That grew to just above 15 percent in 2003, but dropped slightly below 15 percent in 2010, the most recent study year included.


Similarly, the prevalence of extreme obesity increased from nearly 1.8 percent in 1998 to 2.2 percent in 2003, then dropped back to just below 2.1 percent in 2010, the research team reported Tuesday in the Journal of the American Medical Association.


Whether kids are obese is determined by their body mass index (BMI) – a measure of weight in relation to height – and by their age and sex.


For example, a four-year-old girl who is 40 inches tall would be obese if she was 42 pounds or heavier. A two-year-old boy who is 35 inches tall qualifies as obese at 34 pounds or above, according to the CDC’s child BMI calculator. (The CDC’s BMI calculator for children and teens is available here:.)


The new findings are the first national data to show obesity and extreme obesity may be declining in young children, Blanck said.


“This is very encouraging considering the recent effort made in the field including by several U.S. federal agencies to combat the childhood obesity epidemic,” said Dr. Youfa Wang, head of the Johns Hopkins Global Center on Childhood Obesity in Baltimore.


Blanck said between 2003 and 2010 researchers also saw an increase in breastfeeding of low-income infants. Breastfeeding has been tied to a healthier weight in early childhood.


Additionally, states and communities have started working with child care centers to make sure kids have time to run around and that healthy foods are on the lunch menu, she added.


Parents can encourage better eating by having fruits and vegetables available at snack time and allowing their young kids to help with meal preparation, Blanck said.


Her other recommendations include making sure preschoolers get at least one hour of activity every day and keeping television sets out of the bedroom.


“The prevalence of overweight and obesity in many countries including in the U.S. is still very high,” Wang, who wasn’t involved in the new study, told Reuters Health in an email.


“The recent level off should not be taken as a reason to reduce the effort to fight the obesity epidemic.”


SOURCE: http://bit.ly/JjFzqx Journal of the American Medical Association, online December, 25, 2012.


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Jessica Simpson’s Christmas gift: She’s pregnant






NEW YORK (AP) — Jessica Simpson‘s daughter has the news all spelled out: “Big Sis.”


Simpson on Tuesday tweeted a photo of her baby daughter Maxwell playing in the sand, the words “Big Sis” spelled out.






The 32-year-old old singer and personality has been rumored to be expecting again. The tweet appears to confirm the rumors.


“Merry Christmas from my family to yours” is the picture’s caption. Simpson used a tweet on Halloween in 2011 to announce she was pregnant with Maxwell. She is engaged to Eric Johnson and gave birth to Maxwell in May.


One possible complication regarding her pregnancy: She is a spokeswoman for Weight Watchers.


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Boston Cop Rescues Drowning Woman






A Boston police officer is being hailed a hero after he jumped into the frigid cold water to rescue a drowning woman.


Cell phone video showed police officer Edward Norton plunging into Fort Point channel Friday afternoon during a torrential downpour to rescue the unidentified woman who’d reportedly fallen in by accident.






Norton, who just happened to be in the right place at the right time, says he didn’t think twice about jumping in.


“It just kind of happened. I saw here there. Someone had to do it,” Norton told ABC News. “As I was in the air, I was thinking I don’t know what’s under the water.”


Once in the water, Norton’s bullet-proof vest weighed him down, making the rescue more complicated than he anticipated. Onlookers did their part by tossing in a life preserver, which helped keep the frantic woman afloat.


“She kept saying stuff like, ‘I can’t hold on.’ So, I told her, ‘Hold on. Help is coming,’” Norton said. The officer remained with the woman in the water until firefighters arrived on the scene and pulled them both out of the water to safety.


Both were taken to local hospitals and checked for hypothermia, but were released with a clean bill of health.


As for the people calling Norton a hero, he says, not really because it’s all in a day’s work.


“I feel like I did what I would expect to do for one of my loved ones. My wife, my daughter, anyone,” Norton said.


While everyone made it out of the water safely with no injuries, there was one casualty so to speak. Norton says his wedding band slipped off when he hit the water and hero or not, his wife is none too pleased.


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Newtown celebrates Christmas amid signs of mourning


NEWTOWN, Conn. - Newtown celebrated Christmas amid piles of snow-covered teddy bears and heaps of flowers as volunteers manned a 24-hour candlelight vigil in memory of the 20 children and six adults shot to death in the second-largest school shooting in U.S. history.


Well-wishers from around the country showed up Tuesday morning to hang ornaments on memorial Christmas trees, while police officers from around Connecticut took extra shifts to give local police a day off.


"It's a nice thing that they can use us this way," Ted Latiak, a police detective from Greenwich, Connecticut, said as he and a fellow detective came out of a store with bagels and coffee for other officers.


A steady stream of residents, some in pyjamas, relit candles that had been extinguished in an overnight snowstorm. Others dropped off toys and fought back tears at a huge sidewalk memorial filled with stuffed animals, poems, flowers, posters and cards.


In the morning, resident Joanne Brunetti watched over 26 candles that had been lit at midnight in honour of those slain at Sandy Hook Elementary School. She and her husband, Bill, signed up for a three-hour shift and erected a tent to ensure that the flames never went out throughout the day.


"You have to do something and you don't know what to do, you know? You really feel very helpless in this situation," she said. "My thought is if we were all this nice to each other all the time maybe things like this wouldn't happen."


Julian Revie played "Silent Night" on a piano on the sidewalk at the downtown memorial. Revie, from Ottawa, Canada, was visiting the area at the time of the shootings. He found a piano online and chose to spend Christmas Eve and Christmas Day playing for the people of Newtown.


"It was such a mood of respectful silence," said Revie. "But yesterday being Christmas Eve and today being Christmas Day, I thought now it's time for some Christmas carols for the children."


At a town hall memorial, Faith Leonard waved to people driving by and handed out Christmas cookies and children's gifts. She had driven from Arizona, at almost the other end of the country, to volunteer on Christmas morning alone.


"I guess my thought was if I could be here helping out, maybe one person would be able to spend more time with their family or grieve in the way they needed to," Leonard said.


Many residents attended Christmas Eve services and spent Tuesday morning at home with their families. Others attended church services in search of a new beginning.


At St. Rose of Lima Roman Catholic Church, which eight of the child victims of the massacre attended, the pastor told parishioners that "today is the day we begin everything all over again."


Recalling the events of Dec. 14, the Rev. Robert Weiss said: "The moment the first responder broke through the doors, we knew good always overcomes evil."


"We know Christmas in a way we never ever thought we would know it," Weiss said. "We need a little Christmas and we've been given it."


Police have yet to offer a theory about a possible motive for gunman Adam Lanza's rampage. The 20-year-old resident killed his mother in her bed before carrying out the massacre and killing himself.


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Allergies, extra weight tied to bullying






NEW YORK (Reuters Health) – Kids who have food allergies or are overweight may be especially likely to get bullied by their peers, two new studies suggest.


Not surprisingly, researchers also found targets of bullying were more distressed and anxious and had a worse quality of life, in general, than those who weren’t picked on.






Bullying has become a concern among parents, doctors and school administrators since research and news stories emerged linking bullying – including online “cyberbullying” – with depression and even suicide.


“There has been a shift and people are more and more recognizing that bullying has real consequences, it’s not just something to be making jokes about,” said Dr. Mark Schuster, chief of general pediatrics at Boston Children’s Hospital and a professor at Harvard Medical School, who wrote a commentary published with the new research.


Studies suggest between one in ten and one in three of all kids and teens are bullied – but those figures may vary by location and demographics, researchers noted.


The new findings come from two studies published Monday in the journal Pediatrics.


In one, Dr. Eyal Shemesh from the Mount Sinai Medical Center in New York and his colleagues surveyed 251 kids who were seen at an allergy clinic and their parents. The children were all between age eight and 17 with a diagnosed food allergy.


Just over 45 percent of them said they’d been bullied or harassed for any reason, and 32 percent reported being bullied because of their allergy in particular.


“Our finding is entirely consistently with what you find with children with a disability,” Shemesh told Reuters Health.


A food allergy, he said, “is a vulnerability that can be very easily exploited, so of course it will be exploited.”


The kids in the study were mostly white and well-off, the researcher said – a group that you’d expect would be targeted less often. So bullying may be more common in poorer and minority children who also have food allergies.


But allergies aren’t the only cause of teasing and harassment by peers.


In another study, researchers from Yale University in New Haven, Connecticut, found that almost two-thirds of 361 teens enrolled in weight-loss camps had been bullied due to their size.


That likelihood increased with weight, so that the heaviest kids had almost a 100 percent chance of being bullied, Rebecca Puhl and her colleagues found. Verbal teasing was the most common form of bullying, but more than half of bullied kids reported getting taunted online or through texts and emails as well.


‘START THE CONVERSATION’


Shemesh’s team found only about half of parents knew when their food-allergic child was being bullied, and kids tended to be better off when their families were aware of the problem.


He said parents should feel comfortable asking kids if they’re being bothered at school or elsewhere – and that even if it only happens once, bullying shouldn’t be ignored.


“We want parents to know,” he said. “Start the conversation.”


“Parents whose kids have a food allergy should really be aware that their kids have the kind of characteristic that often leads to being bullied,” Schuster told Reuters Health. “They should be working with the school to handle the food allergy in a way that isn’t going to make it more likely that their kids will be bullied – and they need to be attuned to their kids.”


That’s the same for parents of overweight and obese children, he added.


“Kids need their parents to be their allies in these situations,” he said. “Their parents can help them still feel strong.”


SOURCE: http://bit.ly/cxXOG Pediatrics, online December 24, 2012.


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Thousands sign U.S. petition to deport Piers Morgan over gun comments






LOS ANGELES (Reuters) – More than 48,000 people have signed a petition that they posted on the White House website demanding that British CNN talk show host Piers Morgan be deported over comments he made on air about gun control.


Morgan last week lambasted pro-gun guests on his show, after the December 14 mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, where a gunman shot dead 26 people, including 20 children.






“We demand that Mr. Morgan be deported immediately for his effort to undermine the Bill of Rights and for exploiting his position as a national network television host to stage attacks against the rights of American citizens,” the petition said.


The petition, started on December 21 by a man identified as Kurt N. from Austin, Texas, accuses Morgan of subverting the second amendment of the U.S. Constitution, which guarantees the right to bear arms.


U.S. citizens can file a petition on the White House website, whitehouse.gov, if they collect at least 25,000 signatures within 30 days. The White House is then obliged to issue a response.


Morgan, 47, a former newspaper editor in London, shot back at his critics on Twitter. He repeated his past calls for the United States to ban assault weapons and high-capacity magazines and conduct background checks on all gun purchases.


Five days after the Connecticut massacre, Morgan called a guest, Larry Pratt, executive director of Gun Owners for America, an “idiot,” “dangerous” and an “unbelievably stupid man” when Pratt argued that more guns were needed to combat crime in the United States.


“I don’t care about a petition to deport me. I do care about poor NY firefighters murdered/injured with an assault weapon today. #GunControlNow,” Morgan tweeted on Monday, referring to a shooting in New York that killed three people, including the gunman.


Christa Robinson, a CNN spokeswoman, said the network had no immediate comment on the petition.


Publicist Howard Bragman, vice chairman of Reputation.com, said the controversy will get Morgan attention that may translate into higher ratings and wouldn’t harm his reputation.


“A lot of it comes from his being British, he’s seen the differences between the U.S. and UK, he’s passionate and authentic in taking this issue on, and it’s probably only going to help him attract more people to his show,” Bragman, told Reuters.


(Reporting by Piya Sinha-Roy and Eric Kelsey; editing by Christopher Wilson)


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Facebook Shrugs Off Instagram’s New Class Action Lawsuit






For Instagram, there’s good news and there’s bad news about the class action lawsuit just filed against them. Bad news first: Somebody just filed a class action lawsuit. Good news: the lawyers from Instagram’s parent company, Facebook, have plenty of practice getting rid of these pesky things. That might explain why they’re so dismissive about the legal inconvenience a group of disgruntled Instagram users left under its tree this year. “We believe this complaint is without merit and we will fight it vigorously,” says Facebook spokesman Andrew Nusca. It’ll obviously take more than the half-hearted apology Instagram CEO and co-founder Kevin Systrom made at the end of last week.


RELATED: It’s Time to Accept the Existence of a Social Media Bubble






The lawsuit’s complaint is somewhat understandable. If you’ve so much as heard the word “Instagram” you’ve heard about how much their new terms of service stink. In it, the company declared that it “may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data)” with Facebook, its subsidiaries and its “affiliates.” Instagram users understood this to mean that Instagram could sell their photos to advertisers, though Systrom pushed back at that in his blog post when he more or less said that the company would revert to its old terms of service. “We don’t own your photos – you do,” he said. 


RELATED: And the Actual Retail Price for Instagram Is…


Instagram kept three key new details in place, though. One, the company maintained the ability to serve ads in your feed. Two, it said “that we may not always identify paid services, sponsored content, or commercial communications as such.” Lastly, it left in place the mandatory arbitration clause that it added with the new terms of service, forcing users to waive their right to participate in class action lawsuit. That obviously didn’t discourage this group of plaintiffs who said in the lawsuit that “Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us.’”


RELATED: Mark Zuckerberg Disappears from Google+ Due to Privacy Settings


No big deal. Instagram is a part of Facebook now, and Facebook has dealt with class action lawsuits before. Just seven months ago, it got slammed with a $ 15 billion class action suit from users who said that the social network was ”improperly tracking the internet use of its members even after they logged out of their accounts.” They haven’t settled yet, but if it winds up anything like the class action lawsuit over the Beacon advertising program a few years ago, it could take years to resolve and could cost Facebook millions. With some good lawyering, though, this latest lawsuit won’t cost as many millions as it could. But Instagram will never be the same.


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Firefighters killed in house fire 'ambush'



A man with a criminal history shot and killed two West Webster, N.Y. firefighters and seriously injured two others as they responded to a fire at his home, police say.


William H. Spengler, Jr., 62, apparently started a 5:35 a.m. fire at his home on Lake Road  and then waited with an armament of weapons for first responders to arrive, Webster N.Y. Police Chief Gerald Pickering said at an afternoon news conference.


“He was shooting from high ground or a berm," Pickering said. "He was barricaded with weapons to shoot first responders."


After a brief exchange of gunfire with police, Spengler then shot and killed himself at the scene, Pickering said.


Spengler was convicted in 1981 in the death of his 92-year-old grandmother a year earlier. He served time in prison and was released in 1998, Pickering said.


Spengler beat Rose Spengler to death with a hammer 1980, the Rochester Democrat and Chronicle reported. Rose Spengler had lived in the home next to William Spengler on Lake Road at the time of her death.


Local police had not noted any criminal activity in his recent past, Pickering said.


Pickering said they are looking into the apparent disappearance of Spengler's sister who is unaccounted for at this time.


Police and fire officials are continuing to gather evidence and will inspect the seven homes that were destroyed in the fire that spread to nearby houses in the small lakeside town located 10 miles east of Rochester.


The victims in the shooting are Mike Chiapperini, also a lieutenant and public information officer with the local police department, and Tomasz Kaczowka, Pickering said.


"These people get up in the middle of the night to fight fires. They don't expect to be shot and killed," a tearful Pickering said at the press conference.


Chiapperini was described by Pickering as a lifelong firefighter who started with the department's explorer program and had about 20 years of experience. Kaczowka was a younger firefighter who was on the force for about two years and was also a 911 dispatcher, he said.


West Webster firefighters Joseph Hofsetter and Theodore Scardino were seriously injured and are at Strong Memorial Hospital with gunshot wounds, a hospital spokeswoman said.  Scardino  has  injuries to his chest and lungs. Hofsetter was injured in the pelvis, the spokeswoman said at a media briefing. Both are in guarded condition, she said.


An off-duty police officer from nearby Greece, N.Y., John Ritter was also injured by shrapnel during the shooting, Pickering said.


Pickering said that one of the firefighters who survived made his way across a bridge to safety. The other three did not make it across, Pickering said. Police arrived and rescued the other three firefighters, but two were fatally shot, Pickering said.


The morning scene was described as chaotic as police and firefighters dealt with an immense blaze as well as gunshots,  local news station WHAM-TV  reports.


“I’m not aware of anything like this happening in Webster, obviously not a firefighter being fired upon,” Webster Fire Marshal Rob Boutillier told the Democrat and Chronicle.  Pickering described Webster as resort lakeside community that is quiet and usually peaceful.


WHAM reported that an outpouring of support has come through the Webster community. Black flags reportedly have been draped at some homes and offices to honor those killed and injured.


N.Y. Gov. Andrew Cuomo tweeted of the incident: We as the community of #NY mourn their loss as now 2 more families must spend the holidays without their loved ones #Webster



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Few tests done at toxic sites after superstorm






OLD BRIDGE, N.J. (AP) — For more than a month, the U.S. Environmental Protection Agency has said that the recent superstorm didn’t cause significant problems at any of the 247 Superfund toxic waste sites it’s monitoring in New York and New Jersey.


But in many cases, no actual tests of soil or water are being conducted, just visual inspections.






The EPA conducted a handful of tests right after the storm, but couldn’t provide details or locations of any recent testing when asked last week. New Jersey officials point out that federally designated Superfund sites are EPA’s responsibility.


The 1980 Superfund law gave EPA the power to order cleanups of abandoned, spilled and illegally dumped hazardous wastes that threaten human health or the environment. The sites can involve long-term or short-term cleanups.


Jeff Tittel, executive director of the Sierra Club in New Jersey, says officials haven’t done enough to ensure there is no contamination from Superfund sites. He’s worried toxins could leach into groundwater and the ocean.


“It’s really serious and I think the EPA and the state of New Jersey have not done due diligence to make sure these sites have not created problems,” Tittel said.


The EPA said last month that none of the Superfund sites it monitors in New York or New Jersey sustained significant damage, but that it has done follow-up sampling at the Gowanus Canal site in Brooklyn, the Newtown Creek site on the border of Queens and Brooklyn, and the Raritan Bay Slag site, all of which flooded during the storm.


But last week, EPA spokeswoman Stacy Kika didn’t respond to questions about whether any soil or water tests have been done at the other 243 Superfund sites. The agency hasn’t said exactly how many of the sites flooded.


“Currently, we do not believe that any sites were impacted in ways that would pose a threat to nearby communities,” EPA said in a statement.


Politicians have been asking similar questions, too. On Nov. 29, U.S. Sen. Frank Lautenberg, D-N.J., wrote to the EPA to ask for “an additional assessment” of Sandy’s impact on Superfund sites in the state.


Elevated levels of lead, antimony, arsenic and copper have been found at the Raritan Bay Slag site, a Superfund site since 2009. Blast furnaces dumped lead at the site in the late 1960s and early 1970s, and lead slag was also used there to construct a seawall and jetty.


The EPA found lead levels as high as 142,000 parts per million were found at Raritan Bay in 2007. Natural soil levels for lead range from 50 to 400 parts per million.


The EPA took four samples from the site after Superstorm Sandy: two from a fenced-off beach area and two from a nearby public playground. One of the beach samples tested above the recreational limit for lead. In early November, the EPA said it was taking additional samples “to get a more detailed picture of how the material might have shifted” and will “take appropriate steps to prevent public exposure” at the site, according to a bulletin posted on its website. But six weeks later, the agency couldn’t provide more details of what has been found.


The Newtown Creek site, with pesticides, metals, PCBs and volatile organic compounds, and the Gowanus Canal site, heavily contaminated with PCBs, heavy metals, volatile organics and coal tar wastes, were added to the Superfund list in 2010.


Some say the lead at the Raritan Bay site can disperse easily.


Gabriel Fillippeli, director of the Center for Urban Health at Indiana University-Purdue University Indianapolis, said lead tends to stay in the soil once it is deposited but can be moved around by stormwaters or winds. Arsenic, which has been found in the surface water at the site, can leach into the water table, Fillippeli said.


“My concern is twofold. One is, a storm like that surely moved some of that material physically to other places, I would think,” Fillippeli said. “If they don’t cap that or seal it or clean it up, arsenic will continue to make its way slowly into groundwater and lead will be distributed around the neighborhood.”


The lack of testing has left some residents with lingering worries.


The Raritan Bay Slag site sits on the beach overlooking a placid harbor with a view of Staten Island. On a recent foggy morning, workers were hauling out debris, and some nearby residents wondered whether the superstorm increased or spread the amount of pollution at the site.


“I think it brought a lot of crud in from what’s out there,” said Elise Pelletier, whose small bungalow sits on a hill overlooking the Raritan Bay Slag site. “You don’t know what came in from the water.” Her street did not flood because it is up high, but she worries about a park below where people go fishing and walk their dogs. She would like to see more testing done.


Thomas Burke, an associate dean at the Johns Hopkins School of Public Health, says both federal and state officials generally have a good handle on the major Superfund sites, which often use caps and walls to contain pollution.


“They are designed to hold up,” Burke said of such structures, but added that “you always have to be concerned that an unusual event can spread things around in the environment.” Burke noted that the storm brought in a “tremendous amount” of water, raising the possibility that groundwater plumes could have changed.


“There really have to be evaluations” of communities near the Superfund sites, he said. “It’s important to take a look.”


Officials in both New York and New Jersey note they’ve also been monitoring less toxic sites known as brownfields and haven’t found major problems. The New York DEC said in a statement that brownfields in that state “were not significantly impacted” and that they don’t plan further tests for storm impacts.


Larry Ragonese, a spokesman for the New Jersey Department of Environmental Protection, said the agency has done visual inspections of major brownfield sites and also alerted towns and cities to be on the lookout for problems. Ragonese said they just aren’t getting calls voicing such concerns.


Back at the Raritan Bay slag site, some residents want more information. And they want the toxic soil, which has sat here for years, out.


Pat Churchill, who was walking her dog in the park along the water, said she’s still worried.


“There are unanswered questions. You can’t tell me this is all contained. It has to move around,” Churchill said.


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Barbra Streisand goes on a “Guilt Trip” with Seth Rogen






LOS ANGELES (Reuters) – Road-trip movies have been dominated by teenagers on wild adventures or “Hangover” style bro-mances, but Barbra Streisand and Seth Rogen are driving the genre into new territories with mother-son comedy “The Guilt Trip” to usher in the holiday season.


“The Guilt Trip,” which hits U.S. theaters this week, follows struggling novice inventor Andy (Seth Rogen), who is guilted in to bringing his mother on a work-related road-trip across the country.






Streisand, 70, who broke out as an actress in 1968′s comedy “Funny Girl,” returns to her comedic roots as Joyce, Andy’s overbearing mother, who becomes closer to her son over the duration of their tense and comedic adventures on the road.


The actress told reporters at a recent press conference that it was her son Jason Gould who convinced her to do the project after reading the script with her, and Streisand found a deeper connection to the story.


“Mothers develop guilt trips,” Streisand said. “(When my own son was young) I was working a lot and I felt guilty as a parent that I cannot pick (up) my son everyday from school, bake him cookies, that kind of thing. And so you try and compensate.”


“I thought it was interesting to investigate this – trying to be his friend versus a mother…this movie, it hit on all those things that I thought I could explore.”


Rogen, 30, also related closely to the mother-son storyline, saying that while he has a “good relationship” with his own mom, even she can drive him “crazy” sometimes.


“That dynamic where your mother is trying and the more she tries, the more it bugs you, the more it bugs you, the more she tries….All that is very, at times, real to my relationship with my mother,” Rogen said.


STAYING OUT OF THE SPOTLIGHT


Streisand, who is one of the few actresses to win a Tony, Emmy, Grammy and Oscar award over her six-decade career, last took a leading role in 1996′s “The Mirror Has Two Faces,” which she also directed and produced.


The actress initially had reservations about signing onto the movie and said she gave the movie studio numerous clauses “because I kept wanting an out some way.”


Her requests included having a set “no more than 45 minutes away from my house” and later morning starts, as “my husband (James Brolin) and I stay up until two or three in the morning so we don’t function…at six in the morning.”


Streisand’s requests were granted, and thus came about a road trip movie where the actors never actually went on the road. The film ended up largely being shot on a sound stage with Streisand and Rogen in a car against a green screen while backdrops of landmarks such as the Grand Canyon, were added in later.


With the exception of a supporting role as Ben Stiller’s mother in 2004′s “Meet The Fockers” and 2010′s “Little Fockers,” Streisand has stayed out of the spotlight in recent years, and attributes that as one of the keys to her long-standing success.


“I don’t make many movies and I don’t make that many appearances. Less is more. Maybe that keeps a little mystery,” Streisand said, adding that she likes to “stay at home a lot.”


While she hasn’t signed onto another project just yet, she said what keeps her satisfied as an artist is engaging in work that is “private” as opposed to being on public display.


“I love recording and I love making films as a filmmaker,” she said. “Because it uses every bit of what you have experienced or know, whether it’s graphics, composition, decorating, psychology, storytelling, whatever it is. It’s a wonderful thing.”


(Editing by Piya Sinha-Roy and Lisa Shumaker)


Movies News Headlines – Yahoo! News





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How to Get Free Last-Minute Shipping






First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25th.


Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:






  • Barnes & Noble – free shipping on Nook HD through Dec. 22

  • MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.

  • Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.

  • The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.

  • Walmart.com has extended free shipping through December 19th on some items (check product page for eligibility)

  • Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.

  • Newegg   Free 2-Day shipping on over 200 items

  • Target – free shipping on Daily Deals

  • Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.

  • Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.


[Related: Great Gifts for Under $ 25]


But since many of the above deals are limited to select items, take a look at…


How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.a1b8f  free shipping fp How to Get Free Last Minute Shipping


And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”


Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.


But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.


Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:


  • Best Buy

  • Target

  • Toys R Us

  • Walmart

  • Sears

[Related: Best E-Reader for Under $ 100]


Brad Marshland contributed to this story.


Tech News Headlines – Yahoo! News





Title Post: How to Get Free Last-Minute Shipping
Rating:
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