French court clears Continental in Concorde crash









French appeals court on Thursday absolved Continental Airlines of blame for a 2000 Concorde crash that killed 113 people and cleared a mechanic at the U.S. airline of the charge of involuntary manslaughter.

The verdict comes over a decade after the accident helped to spell the end of the supersonic airliner. A previous court ruled that a small metal strip that fell onto the runway from a Continental aircraft just before the Concorde took off from Paris, caused the crash.

Continental was originally fined 200,000 euros and ordered to pay the Concorde's operator, Air France, a million euros in damages. Continental appealed the verdict which it described as unfair and absurd.

Welder John Taylor was cleared of a 15-month suspended prison sentence for having gone against industry norms and used titanium to forge the piece that dropped off the plane.

Continental, now part of United Continental Holdings , had been ordered under the original ruling to pay 70 percent of any damages payable to families of victims. Airbus parent EADS would have to pay the other 30 percent.

The crash sped up the demise of the droop-nosed Concorde - the fastest commercial airliner in history and a symbol of Franco-British co-operation - as safety concerns coupled with an economic downturn after 9/11 drove away its wealthy customers.

The Air France Concorde, carrying mostly German tourists bound for a Caribbean cruise, was taking off from Paris on July 25, 2000 when an engine caught fire. Trailing a plume of flames, it crashed into a hotel near Charles de Gaulle airport. All 109 passengers and four people on the ground died.

After modifications, the plane returned to service but its operators, Air France and British Airways, retired it in 2003, citing high operating costs and a drop in demand.
 



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Groupon CEO Mason open to stepping down













Groupon CEO Andrew Mason


Groupon CEO Andrew Mason walks outside the Nasdaq after the company debuts in November 2011.
(Brendan McDermid/Reuters / November 28, 2012)





















































Groupon Inc. CEO Andrew Mason, under fire for a plunging share price and tapering growth, said on Wednesday he would agree to step down if needed, as the struggling company's board prepared to debate on Thursday whether he remains the right leader.

Groupon has shed four-fifths of its value since its public trading debut as an investor darling during last year's consumer dotcom IPO boom. Wall Street has grown uneasy about the viability of its business as fever for daily deals has cooled among consumers and merchants, hurting its growth rate.

Mason, responding to reports that the board of directors will discuss his performance during a regular Thursday meeting, said it would be "weird" if they did not.

"It would be more noteworthy if the board wasn't discussing whether I'm the right guy for the job," Mason said in an interview from a Business Insider conference.

"If I ever thought I wasn't the right person for the job, I'd be the first person to fire myself."

Europe has been a particular problem for Groupon, partly because the sovereign debt crisis has sapped demand for higher-priced deals. Groupon was also offering steeper discounts, turning off some European merchants.

Adding to its difficulties, the U.S. Securities and Exchange Commission is looking into Groupon's accounting and disclosures, areas that raised questions among some during its IPO.

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BlackBerry maker RIM loses patent dispute with Nokia

HELSINKI (Reuters) - Canada's Research In Motion (RIM) has lost a contract dispute over the use of Nokia patents in a case which could halt sales of its BlackBerry phones if it does not reach a deal to pay royalties to the Finnish company.


Nokia said on Wednesday a Swedish arbitrator had ruled that "RIM was in breach of contract and is not entitled to manufacture or sell WLAN products without first agreeing royalties with Nokia."


Wireless local access network (WLAN) technologies, usually marketed under the WiFi brand, are used across BlackBerry devices and by most other smartphones.


Nokia, which is trying to boost its royalty income as its phone business slides, said it had filed cases in the United States, Britain and Canada to enforce the arbitrator's ruling.


"This could have a significant financial impact to RIM, as all BlackBerry devices support WLAN," IDC analyst Francisco Jeronimo said.


RIM declined to comment. At 6 a.m. EDT its Frankfurt-listed shares were down 5 percent at 8.245 euros. Nokia shares were down 1.6 percent at 2.526 euros.


"If a sales ban was imposed it would be a massive blow for RIM as it manages its transition to the new BlackBerry 10 software platform," said Canalys analyst Pete Cunningham.


However, analysts think it is much more likely that RIM will reach a royalty agreement with Nokia to avert such an outcome.


RIM, a smartphone pioneer, hopes new devices using BlackBerry 10 software, due early 2013, will rescue it from a prolonged slump in the face of competition from the likes of Apple and Samsung.


RIM promises its new devices will be faster than previous smartphones, and will have a large catalogue of applications, which are crucial to the success of any new line of smartphones.


CONTRACT ROW


Nokia said it signed a cross-license agreement with RIM covering standards-essential cellular patents in 2003, a deal that was amended in 2008.


RIM sought arbitration in March 2011 with the Stockholm Chamber of Commerce, arguing the license should be extended to cover WLAN patents.


The arbitration tribunal concluded a nine day hearing in September 2012 and it issued a decision on November 6, Nokia said in a U.S. court filing seeking to enforce the ruling.


During arbitration RIM did not contest it manufactures and sells products using WLAN technology in accordance with Nokia's WLAN products, Nokia said, quoting the tribunal decision.


Nokia, along with Ericsson and Qualcomm, is among the leading patent holders in the wireless industry. Patent royalties generate annual revenue of about 500 million euros ($646 million) for Nokia.


Based on a Nortel patent sale and Google's acquisition of Motorola Mobility, some investors and analysts say Nokia's patent portfolio alone merits its current share price of around 2.50 euros.


However, the patent market has cooled since those deals were made and industry experts say that fair value of patents in large portfolios is $100,000 to $200,000, pricing Nokia's portfolio at up to 0.50 euros per share.


(Editing by David Goodman and Mark Potter)


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Bonds, Clemens, Sosa on Hall ballot for first time

NEW YORK (AP) — Barry Bonds, Roger Clemens and Sammy Sosa are listed on the baseball Hall of Fame ballot for the first time, setting up an election sure to become a referendum on the Steroids Era.

The 37-player ballot was announced Wednesday.

More than 600 longtime members of the Baseball Writers' Association of America will vote through next month. Candidates need 75 percent for induction, and the results will be announced Jan. 9.

Bonds is the all-time home run champion with 762 and won a record seven MVP awards. Clemens set a record with seven Cy Young trophies and Sosa hit 609 homers. The voters will now decide whether drug allegations that tainted their huge numbers should keep them out of Cooperstown.

Craig Biggio, Mike Piazza and Curt Schilling are among the 24 first-time eligibles. Jack Morris, Jeff Bagwell and Tim Raines are the top holdover candidates.

The upcoming election is certain to fuel the most polarizing Hall discussion since career hits leader Pete Rose's betting troubles put him on baseball's permanently ineligible list, barring him from the BBWAA ballot.

While many continued to debate whether Rose should be enshrined, it was moot because there is currently no way he can be considered.

On deck, though, are some of the game's biggest names — along with a lot of the sport's biggest baggage.

Bonds, Clemens and Sosa each posted monster statistics, though their accomplishments were shadowed by accusations they used performance-enhancing drugs. And as baseball keeps trying to rid itself of PEDs, their impact on HRs, RBIs and Ws remains a prickly problem.

Bonds was baseball's premier slugger on his generation and Clemens ranks ninth in career wins with 354. Sosa is eighth on the home run chart with 609.

Fans, players and Hall of Fame members have all chimed in about whether stars who supposedly juiced up should make it to Cooperstown.

Many of those opposed say drug cheats should never be afforded baseball's highest individual honors. Others on the opposite side claim the use of PEDs was pervasive in the 1980s, 1990s and early 2000s, and shouldn't disqualify candidates.

If recent voting for the Hall is any indication, the odds are solidly stacked against Bonds, Clemens and Sosa.

Mark McGwire is 10th on the career home run list with 583, but has never received even 24 percent in his six tries. Big Mac has admitted to using steroids and human growth hormone.

Rafael Palmeiro is among only four players with 500 homers and 3,000 hits, yet has gotten a high of 12.6 percent in his two years on the ballot. Palmeiro drew a 10-day suspension in 2005 after a positive test for performance-enhancing drugs, and said the result was due to a vitamin vial given to him by teammate Miguel Tejada.

Biggio topped the 3,000-hit mark — which always has been considered an automatic credential for Cooperstown — and spent his entire career with the Houston Astros.

Schilling was 216-146 and won three World Series championships, including his "bloody sock" performance for the Boston Red Sox in 2004.

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Simple measures cut infections caught in hospitals

CHICAGO (AP) — Preventing infections from surgery is a major concern for hospitals and it turns out some simple measures can make a big difference.

A project at seven big hospitals reduced infections after colorectal surgeries by nearly one-third. It prevented an estimated 135 infections, saving almost $4 million.

The measures included having patients shower with special germ-fighting soap before surgery, and having surgery teams change gowns, gloves and instruments during operations to prevent spreading germs picked up during the procedures.

Practices were standardized at the seven hospitals.

The Joint Commission hospital regulating group and the American College of Surgeons directed the project. They announced results on Wednesday.

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Online:

Joint Commission: http://www.jointcommission.org

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ABC celebrating Dick Clark on New Year's Eve

NEW YORK (AP) — ABC is turning its first New Year's Eve without Dick Clark in four decades partly into a celebration of the showbiz impresario's life.

Clark, who did the first annual "New Year's Rockin' Eve" special on ABC in 1972, died at age 82 in April. Fergie and Jenny McCarthy will be hosts of a two-hour tribute to Clark that will air at 8 p.m. ET on New Year's Eve.

ABC said Wednesday that Ryan Seacrest will host the countdown show from Times Square, with Taylor Swift, Carly Rae Jepsen, Neon Trees, Flo Rida and Pitbull among the musical guests. Seacrest hosted the past few years with Clark making short appearances. A stroke had diminished Clark's communications skills.

Al Green, Helen Reddy and Three Dog Night performed at Clark's first New Year's special.

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Grim forecast for U.S., global recovery









WASHINGTON — In a grim new forecast, a leading international economic group sharply cut its outlook for U.S. and global growth next year and warned that the debt crisis in Europe and fiscal policy risks in America could plunge the world back into recession.


As it stands now, the industrialized world is looking at a muted and uneven recovery over the next two years, according to the Organization for Economic Cooperation and Development.


The Paris-based OECD projected gross domestic product across its 34 member nations — which include the U.S., Japan and the 17-nation Eurozone — to grow a sluggish 1.4% next year. That is down from 2.2% that the group had forecasted six months earlier.





Growth prospects in the U.S. also were slashed for next year. Experts at the OECD now see inflation-adjusted GDP, the broadest measure of economic activity, rising 2% next year in the U.S., roughly equivalent to this year and down from its earlier forecast of an increase of 2.6%.


The new projections are all the more sobering in that they are based on assumptions that Europe's debt crisis won't get much worse and that the U.S. won't go over the so-called fiscal cliff — a combination of more than $500 billion in automatic tax hikes and federal spending cuts slated to begin at the start of next year.


Quiz: How much do you know about the 'fiscal cliff'?


"If key adverse risks cannot be averted, and especially if the Eurozone crisis were to intensify significantly, the likely outcome would be considerably weaker, potentially plunging the global economy into deep recession and deflation, with large additional rises in unemployment," the OECD said.


The report, released Tuesday, is on the pessimistic side.


Although economists widely agree on the recession risks in the event that the U.S. isn't able to solve the fiscal impasse, a number of experts now say that the U.S. and global economies could see considerably stronger growth next year if Washington can reach agreement on tax and spending policies that avoid a big fiscal contraction in 2013.


"The economy in the U.S. is really poised to grow," said Bernard Baumohl, chief global economist at the Economic Outlook Group, noting that GDP growth in the U.S. could surge to a solid 3.5% or higher next year if the budget issues are resolved.


The latest forecast from the Federal Reserve, compiled in mid-September, sees U.S. GDP increasing 2.5% to 3% next year.


Baumohl's reasons for greater optimism include a recovering housing market, improving job growth and healthier personal finances, all of which should help drive stronger consumer spending.


Total consumer debt, which has fallen for four years, dropped by $74 billion to $11.31 trillion in the third quarter from the previous quarter, and it is now down $1.37 trillion from the peak in September 2008, according to a report Tuesday from the New York Fed.


Reflecting these trends, the Conference Board said Tuesday that its latest survey showed consumer confidence at its highest level since early 2008, results similar to a survey by the University of Michigan.


American business sentiments, however, have been more cautious of late, and many companies have held back on making investments in recent months. But banks are generally in good shape, and big companies are sitting on mountains of cash and are expected to ramp up investments once the fiscal and tax pictures become clearer.


The OECD report nodded to these factors, but noted that the global recovery slowed markedly over the last year amid faltering confidence and weakening world trade, in part because of problems in the Eurozone, which contributed to an unexpectedly strong slowdown in developing countries such as China.


The 17-nation Eurozone will probably remain in recession well into next year, the OECD said.


Meanwhile, Japan, the world's third-largest economy, has fallen back into a downturn after a growth spurt last year aided by massive reconstruction spending following the earthquake and tsunami in March 2011. The Japanese economy is expected to move at a lumbering pace over the next two years.


The outlook for China, Brazil and India — three of the biggest developing economies, none of which is a member of the OECD — looks comparatively brighter:  Growth will probably accelerate next year and in 2014, with China, the world's second-largest economy, again leading the pack.


The OECD forecast sees China's GDP expanding 8.5% next year and nearly 9% in 2014 after slowing this year to about 7.5%.


Although far from immune from the troubles in the U.S. and Europe, which still account for much of the global demand for goods, China and other major emerging economies have more wherewithal to boost growth than their more-indebted developed counterparts by ramping up government spending and lowering interest rates.


The report notes that spending cuts throughout OECD member countries have taken a toll on economic growth, particularly in the Eurozone, where GDP growth for next year was slashed to -0.1% from a positive rate of 0.9%.


Many developed countries are now struggling with financial and economic challenges related to an aging population, large public debts and high unemployment.


Assuming Europe's debt crisis stabilizes, the Eurozone is forecast to recover in 2014. For OECD countries overall, GDP growth is projected to pick up in 2014 to 2.3%.


The U.S. economy is expected to outperform most other OECD nations in 2014, with its GDP stepping up to a more sturdy growth of 2.8%. That compares with the Fed's forecast of 3% to 3.8% growth in 2014.


Either way, U.S. economic growth isn't likely to come close to keeping up with the rapid advance of developing countries, notably China.


Last year, the U.S. accounted for 23% of the global economy, with the Eurozone and China tied for second, each with a 17% share each.


But by 2030, the OECD estimates, China's share of the global economy will rise to 28%, while the U.S. will slip to No. 2 with 18% of world GDP, and the Eurozone's share will fall to 12%.


don.lee@latimes.com





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Vaughn gets 4 life terms for killing wife, 3 children









Christopher Vaughn was sentenced to four life terms this morning for fatally shooting his wife and three children after pulling off an expressway in 2007.


Vaughn looked over his shoulder at his family as he was led away after being sentenced by Judge Daniel Rozak for the murders of his wife Kimberly and their three children, Abigayle, 12, Cassandra, 11 and Blake, 8.


Kimberly's family hugged and shook hands with investigators in the courtroom.





Earlier, Kimberly twin sister Jennifer Ledbetter told the judge that "our hearts ache with the knowledge that they were priceless to everyone but the one man who should have loved them more than their own life."


Vaughn seemed to wipe his eyes several times as Ledbetter read her statement.


Also addressing the court was Kimberly's mother, Susan Phillips. In a matter-of-fact tone, she called Vaughn "a selfish coward" who had "destroy(ed) the very best thing that he had, a loving wife and three amazing children" and caused incredible pain for the surviving family.


Vaughn murdered his wife and kids, prosecutors say, because he saw them as obstacles to his dream of a new life in Canada. He posted wistful Internet messages about building a cabin and settling in the Yukon cut off from the world.

According to prosecutors, Vaughn woke his family on the day of the killings promising a surprise trip to a water park. But shortly after 5 a.m., he pulled off the road and shot them. Each child was shot once in the chest and head while buckled in the back seat of the family SUV.

Abigayle was found holding a stuffed animal. Blake's wounds indicated he had raised his arm to shield himself.

At the trial, defense attorneys told jurors that Vaughn's wife was to blame, saying she was suicidal over marital strife. They suggested she shot her husband in the wrist and leg, then killed the children and herself.

But prosecutors asked jurors whether it seemed reasonable that a woman who disliked guns could have shot her husband twice, only grazing him each time, but fatally shot each of her children with a marksman's precision.

They contended that Christopher Vaughn shot himself to make it look like his wife carried out the attack, and told jurors that Vaughn showed little emotion after the shootings and was more interested in his damaged clothing than the fate of his family.


Vaughn had been scheduled to be sentenced Monday. But Rozak halted the sentencing so he could review transcripts and television broadcast reports before ruling on a motion for a new trial from the defense, which argued that publicity from another high-level murder trial had prejudiced the jurors.


Vaughn's September trial overlapped with the trial of Drew Peterson, the former Bolingbrook police sergeant convicted of killing his third wife.  Vaughn's attorney, George Lenard, argued that part of the reason his client didn't get a fair trial was because the press conferences held by Peterson's lawyers outside the courthouse damaged his own credibility as a defense attorney.


Rozak denied the motion this morning, saying he had admonished jurors to avoid all news coverage during the trial.


Also, Rozak said any comparisons he heard between the two defense teams characterized Lenard as "the second coming of Clarence Darrow while the others were like a rerun of Mo Howard in 'Disorder in the Court.' "


Lenard, who cited 51 grounds for a new trial, began his more than two-hour oral argument Monday by taking some shots at former Peterson co-counsel Joel Brodsky.

Lenard criticized a news conference held by Peterson's new defense team that he said seemed to mock the disappearance of Peterson's fourth wife, Stacy. Prosecutors believe Peterson killed Stacy, but he has not been charged. He was tried this summer for the 2004 drowning of his third wife, Kathleen Savio.

"That gave criminal defense attorneys — all of us — a black eye," Lenard told the judge, saying jurors may have been so disgusted by this "show" that they were unfairly prejudiced against Vaughn's defense team.

"I think they need to apologize about what they said out there," Lenard later told reporters outside the courthouse.

Prosecutors called the argument "unbelievable," and Peterson attorney Joe Lopez tweeted it was "hilarious to blame us for his loss."

"It's unbelievable that the Drew Peterson case would find itself in the Christopher Vaughn case," Assistant State's Attorney Mike Fitzgerald said.

"If they thought the Drew Peterson trial was going to be an influence, why didn't they do something about it at the time?"

Lenard said he never expected media coverage of the two trials to overlap. He also cited as grounds for a new trial closing arguments that he said were a "personal attack" against him and the speed with which jurors returned a verdict.

Fitzgerald said jurors might have returned a verdict in less than an hour because they found the evidence of Vaughn's guilt "overwhelming."

Lenard said that in his 28 years of practicing law, he's never before seen jurors return a verdict so quickly without asking to review evidence.

"I don't know exactly what it is that they were thinking, but 45 minutes and not asking for any exhibits, not wanting to hear any testimony, that's extremely rare. I've never had that situation before and that's odd."


sschmadeke@tribune.com


Twitter: @ChicagoBreaking



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Apple takes smartphone top spot from Google in U.S. - research

HELSINKI (Reuters) - Early success for the iPhone 5 smartphone has helped Apple to overtake Google's Android software in the United States, research firm Kantar WorldPanel said on Tuesday.


Apple's U.S. market share in the 12 weeks to October 31 more than doubled from a year ago to 48.1 percent, putting it within reach of the record 49.3 percent it managed in early 2012.


Android's share dropped to 46.7 percent from 63.3 percent, Kantar WorldPanel's data showed, but it continues to dominate in key European markets. The platform 74 percent market share in Germany and 82 percent in Spain.


Its combined share of the top five European markets rose to 64 percent, from 51 percent a year earlier, while Apple's share edged up by one percentage point to 21 percent.


(Reporting By Tarmo Virki; Editing by David Goodman)


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Eagles lose receiver DeSean Jackson to injury

PHILADELPHIA (AP) — The Philadelphia Eagles will place wide receiver DeSean Jackson on injured reserve after he sustained multiple rib fractures in Monday night's loss to Carolina.

Jackson leads the team with 45 catches and 700 yards receiving, but has only two touchdowns. Coach Andy Reid says the injury could take six weeks to heal.

Reid says running back LeSean McCoy remains in phase one of his concussion recovery and Michael Vick is in the fourth of five stages. Vick has missed the last two games and McCoy didn't play against the Panthers.

Defensive tackle Fletcher Cox injured his tailbone and offensive lineman King Dunlap sprained his knee. Neither will practice Wednesday.

The Eagles (3-8) have lost seven straight games. They'll visit Dallas (5-6) next Sunday night.

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Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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