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Monday, December 26, 2011
Tough choice looms on 9/11 health lawsuits
FILE - In this Oct. 11, 2001 file photo, firefighters make their way over the ruins of the World Trade Center through clouds of dust and smoke at ground zero in New York. More than 1,600 people suing over their exposure to World Trade Center dust must decide by Jan. 2 whether to keep fighting in court, or drop their lawsuits and apply for benefits from a government fund. (AP Photo/Stan Honda, Pool, File)
FILE - In this Oct. 11, 2001 file photo, firefighters make their way over the ruins of the World Trade Center through clouds of dust and smoke at ground zero in New York. More than 1,600 people suing over their exposure to World Trade Center dust must decide by Jan. 2 whether to keep fighting in court, or drop their lawsuits and apply for benefits from a government fund. (AP Photo/Stan Honda, Pool, File)
FILE - In this March 19, 2010 file photo, New York City resident Lori Angelone holds a banner describing her husband Louis' ailments outside Manhattan Federal Court in New York. More than 1,600 people suing over their exposure to World Trade Center dust must decide by Jan. 2 whether to keep fighting in court, or drop their lawsuits and apply for benefits from a government fund. (AP Photo/Louis Lanzano, File)
NEW YORK (AP) ? More than 1,600 people who filed lawsuits claiming that their health was ruined by dust and smoke from the collapsed World Trade Center must decide by Jan. 2 whether to keep fighting in court, or drop the litigation and apply for benefits from a government compensation fund.
For some, the choice is fraught with risk.
Federal lawmakers set aside $2.76 billion last winter for people who developed illnesses after spending time in the ash-choked disaster zone.
But to be considered for a share of the aid, all potential applicants must dismiss any pending lawsuits by the deadline and give up their right to sue forever over Sept. 11, 2001, health problems. Anyone with a lawsuit still pending on Jan. 3 is barred from the program for life.
The government program is attractive because it spares the sick from having to prove that their illness is related to Sept. 11, and that someone other than the terrorists put them in harm's way. But applicants won't know for months, or even years, how much money they might eventually receive from the program. That means some people may give up their lawsuits and find out later that they only qualify for a modest payment.
Others face a deeper problem. People exposed to trade center dust have blamed it for hundreds of illnesses, but currently the fund only covers a limited number of ailments, including asthma, scarred lungs and other respiratory system problems. That list does not currently include any type of cancer, which scientists have yet to link to trade center toxins.
But the very possibility that cancer could, someday, be covered has led some plaintiffs to drop their lawsuits anyway.
"In a sense, I've weighed my options and rolled the dice believing that the country I helped is not going to let me down," said former New York City police detective John Walcott, who retired after being diagnosed with acute myelogenous leukemia in 2003.
He decided a few days before Christmas to drop his case, saying he had come to believe he would never get anything out of the legal system.
"The court system was set up for attorneys to make a lot of money," he said. He added that at age 47, he is tired of a court fight that had no end in sight. "I'm done with 9/11. I can't go forward with my life and family and live in peace with this hanging over me."
The special master overseeing the compensation fund, Sheila Birnbaum, acknowledged that the deadline would put some people in a tight spot, especially if they have an illness that isn't currently covered by the fund.
"That is one of the dilemmas," she said.
Birnbaum noted, though, that the law gives her no wiggle room. Anyone who has a lawsuit active on Jan. 3 will be disqualified from consideration, she said, even if their illness is later deemed to be covered.
"It's a hard decision that they have to make," she said.
The lengthy application process for the fund began in October, and Birnbaum said she expected thousands to apply. She could not say how many might do so by the time the fund closes years from now.
Lawyers who represent people with pending cases said they have been going over the pros and cons with their clients for several months, to see which option might suit them better.
"It's a complicated analysis," said attorney Gregory Cannata, whose firm represents about 100 people, including laborers brought in to repair damaged buildings and cleaners who swept tons of dust from office suites.
Cannata said that for the most part, his clients have decided to stick with their lawsuits, in part because of the possibility of a larger payout than they might receive under the government program.
Police officers, firefighters and city contractors who cleared away the 9/11 rubble make up only a small slice of the people facing the dilemma. Most of the more than 5,000 city workers who filed lawsuits claiming that the city had failed to protect them from the dust settled their cases in 2010, before the compensation fund was created.
Walcott was one of a few who rejected the deal, worth more than $700 million. Under the law, people who settled previously will be allowed to apply for government benefits. Any award they receive will be reduced by whatever they got from the legal settlement.
The tough decisions won't end Jan. 2.
In addition to people with legal claims already pending, thousands more New Yorkers have become ill because of exposure to the dust. They will have to decide in the coming years whether to sue someone over their illness or try their luck in the government program.
If too many people apply for aid from the compensation fund ? including people with common illnesses that may, or may not, have anything to do with Sept. 11 toxins ? the nearly $2.8 billion set aside by Congress may get exhausted quickly. Adding just 1,000 people with cancer to the program could eat up $1 billion, said Noah Kushlefsky, an attorney with the firm Kreindler & Kreindler.
"The real question is, how many more cases are there out there?" Kushlefsky said.
Enough, it seems, to keep both the courts and the 9/11 fund administrators busy for some time yet.
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Sunday, December 25, 2011
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Saturday, December 24, 2011
Columbiana Storm Ruled Possible Tornado
People usually want trees inside of their home this time of the year... not on top of them.
The owner of this house found out about the tree versus his home from his brother because he and his family are not home for the holidays.
"He gets the call this happened and you know they are in the middle of the moving process and the remodeling process, so it's a tough time for him," said Greg York.
However... "In retrospect, it's a blessing that nobody was here and they were out of town for Christmas."
This tree and the countless others were downed due to severe weather event that swept through the area, severe enough for the national weather service to come in and review it.
"Wind speeds were probably the strongest right here at touch down so consistent with about 70-to-80 mile-per-hour winds, which is an EF-0 weak tornado," said National Weather Service Meteorologist Jim Stefkovich.
Which created a new landscape for this neighborhood.
"It took out several of out pretty, old trees," said Cecelia Ebert.
She's been living in this neighborhood for 36 years. At the time of this severe weather event, she was at church attending a funeral.
"When it came over, you could see the rain outside and then, all of a sudden, I thought somebody had come in the doors, but they said that the doors were pulled open and you could see the rain and the leaves and all the stuff in the church parking lot kind of making a rotating, you know, and it kind of unnerved me because this is the closest I've ever been."
And she's hoping she'll never come that close again.
Source: http://www.wtvy.com/home/headlines/Columbiana_Storm_Ruled_Possible_Tornado_136171578.html
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German judge suggests Samsung tablet doesn't violate Apple patent, Reuters says
December 22, 2011
| theflyonthewall.com: | White House to respond to petition opposing Web piracy bill, The Hill says | ||
| The White House will issue an official response to an online petition urging President Obama to veto an anti-online piracy bill known as Stop Online Piracy Act, or SOPA, according to The Hill. Hollywood, music companies, and the U.S. Chamber of Commerce back the bill, while large Web companies are generally opposed to it. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Apple could sell 30.3M iPhones this quarter, 111.4M in FY12, All Things Dig says | ||
| According to Susquehanna?s analyst Jeffrey Fidacaro, Apple (AAPL) could sell 30.3M iPhones this quarter, and 111.4M in FY12, All Things Digital reports. These estimates are significantly higher than his prior predictions of 27.1M and 104.4M iPhones for this quarter and FY12, respectively. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Verizon to tweak Samsung Galaxy Nexus signal indicator, Comptuerworld says | ||
| Verizon (VZ,VOD) said that it would launch an update that will adjust the Samsung Galaxy Nexus' signal indicator, after some users reported inconsistent signal strength on the device, Computerworld reported yesterday. Verizon, however, maintains that there's nothing wrong with the device, which was developed by Samsung and Google (GOOG). Reference Link :theflyonthewall.com | |||
December 21, 2011
| theflyonthewall.com: | Options Update; December 21, 2011 | ||
| CBOE Volatility Index-VIX down 1.79 to 21.43. Option volume leaders today: GE MO ORCL AAPL according to Track Data. :theflyonthewall.com | |||
| theflyonthewall.com: | Apple named a top pick for 2012 at Piper Jaffray | ||
| Piper Jaffray believes Apple's lack of hardware redesigns in 2011 positions for the company for a strong product year in 2012. Piper expects Apple to unveil a redesigned iPhone 5, iPad 3 and potentially an Apple Television in 2012 and calls the stock a top pick for 2012. The firm keeps an Overweight rating on the stock with a $607 price target. :theflyonthewall.com | |||
| theflyonthewall.com: | Google's Andy Rubin says over 700,000 Android devices activated every day | ||
| Comment made on Andy Rubin's Twitter. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Yahoo to deepen connections with Facebook, AP reports | ||
| Yahoo (YHOO) is deepening ties with Facebook, and will now enable Facebook users to share more of their activities on Yahoo's websites, the Associated Press reports. Reference Link :theflyonthewall.com | |||
December 20, 2011
| theflyonthewall.com: | Options Update; December 20, 2011 | ||
| CBOE Volatility Index-VIX down 1.99 to 22.91. Option volume leaders today: C TRGT BAC AAPL according to Track Data. :theflyonthewall.com | |||
| theflyonthewall.com: | Kindle Fire ad impressions reportedly increasing 19% per day, Cnet says | ||
| The number of ad impressions on Amazon's (AMZN) Kindle Fire tablet grew at an average daily rate of 19% in November, Millenial Media reported, according to Cnet. The device has a monthly run rate of hundreds of millions of impressions, Millenial said, Cnet reported. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Apple tops its 50-day MA, next resistance is at $396.41 | ||
| :theflyonthewall.com | |||
| theflyonthewall.com: | Google trades up, next resistance at $631.90 | ||
| :theflyonthewall.com | |||
| theflyonthewall.com: | Active equity option families in first 10-minutes | ||
| Active equity option families in first 10-minutes of trading according to Track Data are: GS CAT BAC ORCL AAPL. :theflyonthewall.com | |||
| theflyonthewall.com: | On The Fly: Asian News Wrap-Up | ||
| Asian stocks were mixed, as investors reacted carefully to the sudden death of North Korea's president. Kim Jong Il. JAPAN: The Nikkei 225 added 0.5% to 8,336.48. Olympus (OCPNY) soared 16%, while energy explorer Inpex (IPXHF) gained 3% and shipper Mitsui O.S.K. Lines rose 4%. CHINA: The Shanghai Composite Index inched down 0.1% to 2,215.93. Aluminum Corp. of China declined 0.6%, while dry-bulk shipper China Cosco fell 1.5% and China Shipping Container Lines lost 1.2%. AROUND ASIA: Hong Kong's Hang Seng Index inched up 0.06%, South Korea's Kospi rose 0.91%, and India's Sensex fell 1.33%...Yanzhou Coal is reported to be planning an acquisition of Australia's Gloucester Coal for at least $2B, according to an inside source...Apple (AAPL) has won a patent-infringement case banning some HTC smartphones from the U.S. starting in 2012, in a decision that will strengthen the company's position going forward in its battle for market share. :theflyonthewall.com | |||
| theflyonthewall.com: | Senators urge FTC to probe Google's search results, The Hill reports | ||
| The two top senators on the Judiciary Committee's antitrust subpanel are urging the FTC to examine whether Google's (GOOG) search results are anticompetitive, according to The Hill. Democrat Herb Kohl and Republican Mike Lee said that they were concerned about the issue after holding a hearing in September about it, the publication added. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Firm: Samsung sold more mobile phones than Apple in Australia, New Zealand | ||
| Samsung overtook Apple (AAPL) in Q3 and grew for a third consecutive quarter in the Australia and New Zealand , or ANZ,overall mobile phone market, research firm IDC reported yesterday. The smartphone market is now 65% of the total Australian mobile phone market, with Google's (GOOG) Android beating Apple's (AAPL) iOS, 49%-36% in Q3, as the market eased in preparation for the new iPhone 4S launched in October 2011, IDC said. .Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Arbiter delays Kodak patent ruling due to cash concerns, Seattle PI reports | ||
| A U.S. arbiter has decided to delay any ruling on Eastman Kodak's (EK) patent-infringement claim against RIM (RIMM) and Apple (AAPL) until September of next year, in hopes the embattled, cash-short company can reach more solid ground in its fight to avoid bankruptcy, according to Seattle PI. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Google, KKR to acquire portfolio of solar PV projects in California | ||
| Google (GOOG), Kohlberg Kravis Roberts & Co. (KKR), and Recurrent Energy announced an investment in a portfolio of solar photovoltaic facilities serving the Sacramento Municipal Utility District. The portfolio of projects is financed with a combination of debt and equity, which includes a significant equity investment from Google in addition to equity from SunTap Energy RE LLC, a new venture formed today by KKR to invest in solar projects in the U.S. The four solar PV facilities included in the transaction will provide 88 MW of power to SMUD and were the first to be awarded as part of the utility's feed-in tariff program introduced in January 2010. To establish SunTap, KKR committed $95M line of equity, a portion of which will be drawn for this investment. Google?s investment in these projects brings its total invested to more than $915M in renewable energy projects. :theflyonthewall.com | |||
| theflyonthewall.com: | Apple supplier factory blast probed by China, AP reports | ||
| The cause of an explosion over the weekend that injured 61 people at the Riteng Computer Accessory factory, a wholly owned subsidiary of Apple (AAPL) supplier Pegatron, is being probed by authorities, the Associated Press reports. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Apple might issue "significant" dividend in 2012, Bloomberg reports | ||
| According to Howard Ward of Gamco Investors, Apple (AAPL) could issue a "significant" dividend at some point in the first half of 2012, reports Bloomberg. Reference Link :theflyonthewall.com | |||
December 19, 2011
| theflyonthewall.com: | HTC claims a ready solution to address Apple patent violations, BGR reports | ||
| HTC claims its designers have found alternate solutions for several Apple (AAPL) patent violations which were part of the ITC ruling, according to the Boy Genius Report. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Options Update; December 19, 2011 | ||
| CBOE Volatility Index-VIX up 73c to 25.02. Option volume leaders today: PM C BAC AAPL according to Track Data. :theflyonthewall.com | |||
| theflyonthewall.com: | Quepasa iPad app launch in-line with expectations, says Rodman & Renshaw | ||
| After Quepasa launched a myYearbook application on Apple's (AAPL) iPad, Rodman & Renshaw says this development is in line with the firm's expectation that the company will step up its presence on mobile platforms. The firm thinks a mobile presence will be crucial to maintaining user activity for Quepasa, and it maintains an Outperform rating. :theflyonthewall.com | |||
| theflyonthewall.com: | Twitter gets $300M investment by Saudi prince, AP reports | ||
| Saudi billionaire Prince Alwaleed bin Talal and Kingdom Holding Company, his investment company, are set to invest $300M into Twitter, the Associated Press reports. KHC is a major shareholder in Citigroup (C) and also holds stakes in Apple (AAPL) and News Corp (NWSA). Reference Link :theflyonthewall.com | |||
December 18, 2011
December 17, 2011
December 16, 2011
| theflyonthewall.com: | ITC decision in Microsoft, Motorola dispute postponed, Bloomberg reports | ||
| A U.S. International Trade Commission judge has delayed his decision in a case in which Microsoft (MSFT) alleges patent-infringement from Motorola Mobility (MMI) until Dec. 20., Bloomberg reported, citing a notice from the agency. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Analyst says Samsung abandons patent lawsuit against Apple | ||
| Samsung has abandoned the patent lawsuit it launched against Apple (AAPL) in Germany, in which the South Korean company asserted that the iPhone 4s violated 3G patents, patent analyst Florian Muller wrote in a tweet. Samsung now recognizes that Apple has licensed the patent through Qualcomm (QCOM0, Muller wrote. :theflyonthewall.com | |||
| theflyonthewall.com: | Nvidia, Foxconn to open joint venture R&D center in China, Digitimes reports | ||
| Nvidia (NVDA) and Foxconn have begun establishing a joint venture R&D center in China specifically to explore mobile terminal devices and cloud computing-based applications, according to Digitimes. Reference Link :theflyonthewall.com | |||
December 15, 2011
| theflyonthewall.com: | Options Update; December 15, 2011 | ||
| CBOE Volatility Index-VIX down 95c to 25.09. Option volume leaders today: BIDU FLSR BAC AAPL according to Track Data. :theflyonthewall.com | |||
| theflyonthewall.com: | Google launches Galaxy Nexus ads, Cnet says | ||
| Google (GOOG) has begun showing ads on YouTube touting features of the new Galaxy Nexus handset that the company developed in partnership with Samsung, according to Cnet. The ads showcase features of the new Ice Cream Sandwich version of Android used by the phone, including multiple party video chats and facial security, the publication said. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Active equity option families in first 15-minutes | ||
| Active equity option families in first 15-minutes of trading according to Track Data are: C BAC AAPL INTC. :theflyonthewall.com | |||
December 14, 2011
| theflyonthewall.com: | Apple to launch development center in Israel, Globes reports | ||
| Apple (AAPL) plans to open a development center in Israel that will focus on semiconductors, according to Globes, which cited unnamed sources. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Apple shares fall, support is at $377.68, and then at $376.12 | ||
| :theflyonthewall.com | |||
| theflyonthewall.com: | Google's Google+ to expand Hangouts On Air | ||
| Google's (GOOG) Google+ will enable hundreds more public figures, celebrities and other Google+ users with large followings to broadcast their Hangouts- multi-party video discussions - to the users of the social network, the company said. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Arora on "short list" to become Yahoo CEO, Business Insider reports | ||
| Nikesh Arora, Google's (GOOG) chief business officer, is said to be on the "very short list" of candidates to take the CEO role at Yahoo (YHOO), Business Insider reports, citing sources close to Yahoo. Another name being floated as a potential Yahoo CEO candidate is David Kenny, a Yahoo board member and former Akamai (AKAM) president. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | ITC delays decision on Apple, HTC case until Dec. 19, Bloomberg reports | ||
| Bloomberg cites a notice on the International Trade Commission's website. :theflyonthewall.com | |||
| theflyonthewall.com: | Security firms says Google Wallet has security flaw, BGR reports | ||
| Google (GOOG) Wallet does not adequately protect personal data such as credit card balances on a rooted Nexus S smartphone, according to ViaForensics, reported Boy Genius Report. However, the flaw only impacts users with rooted devices, the report added. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Facebook looking to start mobile ad service in March, Bloomberg reports | ||
| Facebook intends to unveil mobile ads by the end of March, according to Bloomberg, which cited two unnamed sources. The company had previously expected to launch a mobile ad service earlier this year, and the initiative could be delayed again, one of the sources said, according to the news service. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Android OS commanded more than half of U.S. smartphone market in 2011 | ||
| Google's (GOOG) Android operating system commanded 53% of the smartphone market between January and October of 2011, while Apple's (AAPL) iOS was on 29% and RIM's (RIMM) fell to 11%, according to the NPD Group. :theflyonthewall.com | |||
| theflyonthewall.com: | ITC to make Apple-HTC ruling on December 19, Electronista reports | ||
| The International Trade Commission will make its final ruling in the Apple (AAPL)-HTC case on December 19, moved back from the previous date of December 14, Electronista reports. The ruling will determine whether an initial finding in favor of Apple is upheld. Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Predicted tablet growth affects LCD manufacturing strategies, Digitimes reports | ||
| With an eye on the coming 2012 tablet models and the gradual clearing of inventories, panel makers are beginning to take more positive approaches toward their production strategies, according to DisplaySearch and reported in Digitimes. Reference Link :theflyonthewall.com | |||
December 13, 2011
| theflyonthewall.com: | Apple trades higher, resistance is at recent range high at $396.41 | ||
| :theflyonthewall.com | |||
| theflyonthewall.com: | Sony battles losses, Businessweek reports | ||
| This year, Sony (SNE) CEO Howard Stringer announced $8.4B of acquisitions to bolster phones and content, but that in itself may not turn the company around as it faces another loss, reports Bloomberg Businessweek. Says Mitsushige Akino, who oversees about $600M at Ichiyoshi Investment Management Co., ?What Stringer needs to do is to fix the TV business, not pursue acquisitions. Acquisitions aren?t going to bring back growth.? Reference Link :theflyonthewall.com | |||
| theflyonthewall.com: | Americans spending more time on major media, WSJ reports | ||
| Americans spend an average of four hours and 34 minutes per day in front of TV, a 10 minute increase from last year, according to a study by eMarketer, reports the Wall Street Journal. That includes watching any type of content on TV, including content from streaming video services. Combined with American's use of mobile devices, the overall average time spent on major media climbed to 693 minutes per day. Reference Link :theflyonthewall.com | |||
December 12, 2011
| theflyonthewall.com: | Options Update; December 12, 2011 | ||
| CBOE Volatility Index-VIX down 45c to 25.92. Option volume leaders today: MRK ITMN C BAC AAPL according to Track Data. :theflyonthewall.com | |||
| theflyonthewall.com: | Google, other online companies back new Internet piracy bill, The Hill says | ||
| House Oversight committee Chairman Darrell Issa, a Republican, is sponsoring an online privacy bill that has received the backing of Google (GOOG) and other Internet companies, according to The Hill. These companies are opposed to a more stringent bill - the Stop Online Piracy Act - which is making its way through Congress, while the movie industry opposes Issa's bill, the publication notes. Reference Link :theflyonthewall.com | |||
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