NH case against 2 big oil companies gets underway

CONCORD, N.H. (AP) — The state of New Hampshire is launching its case against two major oil companies in what is expected to be the longest and most complex trial in state history.
The state's lawyers say ExxonMobil and Citgo should pay more than $700 million in damages to monitor and clean up groundwater contamination caused by the gas additive MTBE — methyl tertiary butyl ether — now banned in New Hampshire.
Lawyers for the oil companies say they have cleaned up their own sites and that contamination elsewhere was caused by third parties not named in the suit.
The lawsuit — filed in 2003 — is the only one brought by a state to reach trial on the issue of MTBE groundwater contamination. Most of the other MTBE cases nationwide were brought by municipalities, water districts or individual well owners, and all but one was settled or dismissed.
The jury trial begins Monday and is expected to last four months. It is being held in a federal courtroom on loan to the state so as not to monopolize one of three courtrooms at Merrimack Superior Court.
More than 50,000 exhibits have been marked and the witness list numbers 230.
It was clear from a pretrial conference Friday that jurors will be confronted with an alphabet soup of acronyms for various funds and agencies, will have to grapple with complex statistical analyses and will hear contradictory testimony by expert witnesses.
MTBE had been used in gasoline since the 1970s to increase octane and reduce smog-causing emissions. While it was credited with cutting air pollution, it was found in the late 1990s to contaminate drinking water when gasoline is spilled or leaks into surface or groundwater. New Hampshire banned its use in 2007.
Roughly 60 percent of New Hampshire's population gets its drinking water from wells, which drives up the estimated cost to test and treat contaminated water sources.

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Volkswagen reports record sales for 2012

BERLIN (AP) — German automaker Volkswagen AG says its 2012 group sales hit a record high as growing demand around the world more than offset sluggish sales in Europe.
It says Monday that more than nine million vehicles were delivered for the first time. The total of 9.07 million was up 11.2 percent from the 8.16 million delivered in 2011. December sales were also up 20.7 percent over the same month last year.
Geographically, North American sales spiked 26.2 percent to 841,500 vehicles, while those in South America rose 8.2 percent to 1.01 million. Asia-Pacific sales were 23.3 percent higher at 3.17 million.
Those increases helped offset a 6.5 percent drop in western Europe, excluding Germany, to 1.85 million vehicles. German sales rose 1.9 percent to 1.18 million vehicles.

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UPS $6.9 billion TNT Express takeover falls apart

AMSTERDAM (AP) — United Parcel Service Inc. has ditched its €5.2 billion ($6.9 billion) takeover of TNT Express NV after learning that European regulators would reject the deal in its current form.
Though TNT will receive a €200 million ($265.5 million) break fee, it faces an uncertain future on its own. Its shares plummeted 50 percent to € 4.083 in the first minutes of Monday trading in Amsterdam following the bid's failure.
UPS had offered to buy struggling TNT, Europe's second-largest delivery company, in May, to better compete with Europe's largest, Deutsche Post's DHL. But regulators said in October that the deal would lead to over-concentration in the sector.
In response, UPS offered to sell parts of the company's small package operations and airline assets but after meeting with regulators Jan. 11, UPS told TNT it saw no prospect of the deal being approved — and it wasn't interested in further concessions.
In its last earnings report, for the third quarter of 2012, TNT lost €3 million on sales of €1.8 billion. Former CEO Marianne-Christine Lombard quit the company in September mid-takeover, in a move that was criticized as "unethical" by TNT's chairman, Antony Bergmans, and interpreted by some as a sign the deal was in trouble, since she stood to gain a €2.6 million bonus for seeing it through to completion.
She was replaced on an interim basis by CFO Bernard Bot.
In a statement, TNT conceded that the "protracted merger process has been a distraction for management" and that it would now focus on reassuring customers, encouraging employees and making money.
"Management will provide an update on its strategy in due course," the company said.
UPS CEO Scott Davis said he was "extremely disappointed" with the stance taken by regulators.
"We proposed significant and tangible remedies designed to address the European Commission's concerns with the transaction," he said, adding that the deal would have benefited customers worldwide and supported economic growth "particularly in Europe."
The European Commission will publish its review of the deal within several weeks.
Before UPS's bid for TNT Express, some analysts thought rival FedEx might make a bid for the company, but FedEx executives said — in March 2012 at least — they had no plans to do so.

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Sports fans can pursue U.S. antitrust case over programs

NEW YORK (Reuters) - A federal judge on Wednesday allowed sports fans to pursue a lawsuit accusing Major League Baseball, the National Hockey League and various networks of antitrust violations in how they package games for broadcast on television or the Internet.
U.S. District Judge Shira Scheindlin in Manhattan said the subscribers could pursue claims that the packaging has reduced competition, raised prices, and kept them from watching their favorite teams located outside their home markets.
"Plaintiffs in this case - the consumers - have plausibly alleged that they are the direct victims of this harm," she wrote.
The defendants include Major League Baseball, the National Hockey League, several teams in both sports, cable TV company Comcast Corp, satellite TV provider DirecTV, Madison Square Garden Co and some regional sports networks.
DirecTV declined to comment, saying it had not reviewed the decision. Comcast and the NHL had no immediate comment. Other defendants did not immediately respond to requests for comment.
Ned Diver, a lawyer for the subscribers, said in a phone interview: "We're very pleased with the decision. It's a total victory on the substance of the plaintiffs' claims."
Media companies, leagues and teams can often justify higher costs to watch their products by citing the higher costs of doing business, and that individual teams have rabid followings among viewers willing to pay more to watch events live.
"BLACKOUT" AGREEMENTS
The case arose from what the subscribers said were anticompetitive "blackout" agreements between service providers such as Comcast and DirecTV, sports networks and the leagues.
These subscribers contended that if they wanted to watch games from outside their home markets, they were required to buy packages that included all out-of-market games, even if they were interested only in one or a few nonlocal teams.
For example, a New York Yankees fan living in Colorado could not pay simply for access to that team's games, but had to buy a product such as the MLB Extra Innings television package.
The subscribers sought damages and a halt to arrangements that they said resulted in "reduced output, diminished product quality, diminished choice and suppressed price competition."
Other packages at issue are NHL Center Ice for television, and MLB.tv and NHL GameCenter LIVE for the Internet.
The defendants argued that the subscribers' alleged injuries were only indirectly related to the alleged wrongful conduct, and that Major League Baseball and NHL games did not qualify as "distinct products" subject to antitrust scrutiny.
Comcast, DirecTV and the sports networks also contended that their conduct was "presumptively legal."
PRESSURE TO SETTLE
Scheindlin nonetheless let much of the case go forward.
"Making all games available as part of a package, while it may increase output overall, does not, as a matter of law, eliminate the harm to competition wrought by preventing the individual teams from competing to sell their games outside their home territories in the first place," she wrote.
The judge did dismiss claims that Comcast, DirecTV and the sports networks conspired to monopolize markets, while allowing similar claims against Major League Baseball and the NHL to proceed. She also dismissed some individual plaintiffs from the case, saying they lacked standing to sue.
"There will be pressure on the defendants to settle before this gets to trial," which could cost "real money," said Geoffrey Rapp, a University of Toledo law professor in Ohio.
"The defendants are in some ways similar to record companies that had to adapt as a la carte options became available online, where people could buy one song rather than a whole album," he said. "Five or 10 years from now, these package-deal arrangements may no longer exist."
Among the dozens of defendants were the Yankees and its YES network; the Chicago White Sox baseball and Chicago Blackhawks hockey teams; the New York Rangers hockey team; and various Comcast SportsNet and Root Sports networks.
Last month, Rupert Murdoch's News Corp said it would buy a 49 percent stake in the YES network.
Baseball itself has had an antitrust exemption since 1922, but has long faced periodic calls from Congress and elsewhere that it be repealed.
The cases are Laumann et al v. National Hockey League et al, U.S. District Court, Southern District of New York, No. 12-01817; and Garber et al v. Office of the Commissioner of Baseball et al in the same court, No. 12-03074.

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Rule changes may be best way to curb hockey aggression

(Reuters) - Trying to prevent fights and hockey injuries by teaching young hockey players about the dangers of aggression on the ice are less effective than rule changes, which adjust both culture and behavior at once, according to a Canadian study.
The researchers, whose findings appeared in the Canadian Medical Association Journal, concluded after reviewing past research on the subject that rules designed to curb aggression among hockey players - especially slamming into another player, known as body checking - are linked with fewer injuries.
"It's pretty clear from what we know right now that if we institute rule changes that automatically tell people within that sport what's acceptable and what's not... that we can reduce injuries three- to 12-fold by doing that," said Michael Cusimano, lead author of the study and a professor and neurosurgeon at the University of Toronto.
Hockey is notorious for its fighting and physical contact, and rates of reported concussions and spinal injuries have been rising among hockey players over more than a decade, Cusimano and his colleagues point out.
In many leagues, body checking is legal but often has some limits, such as prohibitions against hitting a player from behind or in the head. Some, but not all, studies have shown that body checking is linked with a higher chance of being hurt.
To get a sense of what the research has found to be the most effective ways of curbing aggression in youth hockey, Cusimano and his colleagues collected the results of 18 studies.
Among them, 13 studied the effect of league rules to limit aggression, while three studies focused on education and two looked at the effect of behavioral therapy on managing aggression.
The educational and therapy studies found that interventions resulted in fewer penalties, but couldn't say whether this had any impact on the rate of injuries.
In seven of the nine studies that compared injury rates between leagues that allowed body checking and those that didn't, players were less likely to get hurt if body checking was outlawed.
One study, for example, found a 12-fold difference in injuries between Pee Wee players in leagues that allowed body checking and those that didn't.
Cusimano said there need to be rules against aggression to keep young players safe, and they need to be enforced.
Alison Macpherson, an injury prevention researcher at York University in Toronto, who was not involved in the study, said others could argue that body checking is part of the game.
"There's a school of thought that if you reduce the age at which players start body checking, they will have learned how to do it before they're strong enough to cause damage," she said, but noted that studies have not backed that up.
Some leagues have begun to tighten their rules against body checking. Last year, USA-Hockey, which governs amateur ice hockey in the United States, moved up the age at which players can begin to use body checking from 11 to 13.
Macpherson said that in general hockey is a safe game that has made improvements in player safety.
"But they do play on a hard ice surface, so the potential for injury is always there. So I think we need to maintain the fun, maintain the sport, but keep it as safe as possible," she told Reuters Health. SOURCE: http://tinyrul.com/buqvd3I

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Owners and players to meet without feuding leaders present

NEW YORK (Reuters) - National Hockey League (NHL) owners and players will meet face-to-face on Tuesday in an attempt to broker a deal to end their bitter dispute that threatens to wipe out the season.
The meeting will take place in New York with the heads of the two feuding sides, NHL commissioner Gary Bettman and NHL Players Association (NHLPA) Executive Director Don Fehr both agreeing to skip the meeting.
NHL Deputy Commissioner Bill Daly said in a statement on Sunday that at least six team owners would attend the meeting.
"We have confirmed with the union that we will attempt to schedule a players/owners-only meeting for some time on Tuesday afternoon in New York," Daly said.
"We expect the following NHL owners to attend: Ron Burkle (Pittsburgh Penguins), Mark Chipman (Winnipeg Jets), Murray Edwards (Calgary Flames), Jeremy Jacobs (Boston Bruins), Larry Tanenbaum (Toronto Maple Leafs) and Jeff Vinik (Tampa Bay Lightning)."
Bettman and Fehr agreed to stand aside and miss the meeting after previous attempts to reach a deal failed, raising fears the season could be lost.
Hundreds of games have already been canceled and just last week, a meeting with federal mediators broke up after two days of unsuccessful sessions.
"Neither the commissioner nor I will be present, although each side will have a limited number of staff or counsel present," Fehr said in a statement.
"There will be owners attending this meeting who have not previously done so, which is encouraging and which we welcome.
"We hope that this meeting will be constructive and lead to a dialogue that will help us find a way to reach an agreement."

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Video causes web furor over OH athletes' rape case

STEUBENVILLE, Ohio (AP) — An online video fueling social media reaction to the case of two eastern Ohio high school football players charged with rape isn't new evidence for state investigators handling the case, the attorney general said Friday.
The 16-year-old boys are set for trial Feb. 13 in juvenile court in Steubenville on allegations that they raped a teenage girl last August. Special prosecutors and a visiting judge are handling the case because local authorities knew people involved with the football team in the small city.
At a probable cause hearing last fall, teenagers not charged in the case testified that the victim was intoxicated and at times unresponsive on the night of the alleged assault, according to the local newspaper, the Steubenville Herald-Star.
Public interest increased this week with the online circulation of an unverified video, lasting more than 12 minutes, that purportedly shows another young man joking about the alleged rape victim, also 16. The video apparently was released by hackers who allege more people were involved and should be held accountable.
Ohio Attorney General Mike DeWine's office said state investigators aiding local police were aware of the video before it spread online. They're not commenting on details of the video or what other evidence authorities have.
DeWine criticized the video Friday and said his heart goes out to rape victims.
"I think what is unique and different about this case is that the victim continues to be victimized every time that there is some image that's posted up on the Internet, every time that you have a despicable 12-minute video like we saw yesterday," he said. "You know, I can just imagine how I would feel if this was my daughter."
Attorneys for the defendants, Trent Mays and Ma'Lik Richmond, who played football for Steubenville High School, didn't immediately respond to Associated Press requests for comment Friday. The attorneys have denied the charges in court.
The boys were charged with rape after the teenage girl's parents contacted police about the alleged assault in mid-August. Mays also is charged with illegal use of a minor in nudity-oriented material.
Kidnapping charges against both defendants were dropped after a probable cause hearing, according to the court. The visiting judge has ruled the case will remain in juvenile court, not be moved to adult court.
Authorities continue pleading for anyone with information about what happened to come forward, and the investigation has spurred heated commentary online. Some support the defendants and question the character of the teenage girl, while others allege a cover-up or contend more people should be charged.
The latter group includes hacker-activists associating under the Anonymous and KnightSec labels who point to comments they say were posted around the time of the alleged attack on social media by several people who are not charged. A peaceful protest publicized by the hackers drew scores of people to the local courthouse last weekend.
In a related issue, student Cody Saltsman and his family sued a blogger and anonymous posters to her blog site in a case that arose from online comments suggesting the student might have been involved but not charged. The suit was settled with the operator of the crime blog acknowledging that there was no evidence of Saltsman's involvement in the rape, and Saltsman apologizing in a statement for tweets he sent the night of the alleged attack.
The alleged victim, who doesn't attend Steubenville schools, is "doing as well as I guess could be expected," said Bob Fitzsimmons, an attorney for her family. He said the publicity and online commentary has been tough on her family.
It's possible she could be compelled to testify in court next month, but that decision is up to prosecutors, Fitzsimmons said. He declined to comment on any facts of the case, including whether or how the victim knew Mays and Richmond.

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You Won't Believe How Many Americans Are Falling Asleep at the Wheel

Discovered: Scary numbers about sleeping while driving; our moon might get its own moon; decoding the malware genome; fighting HIV with HIV.
RELATED: An HIV Vaccine; LSD as Treatment for Alcoholism
Who are all these people falling asleep at the wheel? We all know about the dangers of drunk driving. And texting while driving. But new data suggests we might need more PSAs that raise awareness about the issue of drowsy driving. A report from U.S. Centers for Disease Control researchers found that among 150,000 drivers surveyed from around the country, 4.2 percent admit to falling asleep at the wheel at least once in the last month. Not year—month. If you break it down by year, as much as 11 percent have snoozed while driving. It's a wonder that only 2.5 percent of fatal car collisions stem from drowsy driving. If you're nodding off, pull over to any gas station and get yourself some Red Bull, people. [Los Angeles Times]
RELATED: Forget Big Gulps: Mayor Bloomberg's Latest War Is on Bad Drivers
Our moon might soon get a meta-moon. That giant rock orbiting our planet could soon have its own less-giant rock orbiting it, astronomers with the Keck Institute for Space Studies are saying. They plan to coax an asteroid into orbiting the moon this April so they can study it better. They aim to do these by sending a robotic spacecraft to drag an approximately 500 ton object into the moon's gravitational pull. "Such an achievement has the potential to inspire a nation," the researchers write.  [Discover]
RELATED: What Can Go Wrong with a Proven, FDA Panel-Approved Anti-HIV Drug?
Decoding malware "genome" could prevent future cyber attacks. Not all malware viruses are identical, but they often share certain encoded similarities. You might even say they have similar baseline "genetic" structures. Invincea labs' Josh Saxe is trying to crack that code in order to undertand how to prevent future malware attacks. "Our vision is to have a database of the world's malware, which people can use to share insights," he says about his and his colleagues research. His program is funded by the DARPA's Cyber Genome Program. [New Scientist]
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Fighting HIV with HIV. There's a saying about fighting fire with fire, but when it comes to HIV the approach might actually work. A new paper in Science Translational Medicine shows that injecting HIV-positive patients with an inactivated version of the virus can boost immune response, making people better equipped to stave off the active HIV in their bloodstream. "It is likely that the person’s immune system is already damaged, and so they cannot mount a sufficiently efficient functional antiviral response," says Statens Serum Institute physician Anders Fomsgaard. "It may be more optimal to vaccinate during antiretroviral therapy

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Occupy Steubenville: Anonymous vs. the Sheriff

The sheriff investigating the alleged rape in Steubenville, Ohio, has not made friends with Anonymous after the hacking collective's document dump this week accused him of being close with Steubenville High's football coach, deleting video evidence, and running "the largest illegal gambling operation in Jefferson County." So it was strange to see the sheriff on stage at the Occupy Steubenville rally Saturday afternoon.
RELATED: FBI Confirms Arrests in Anonymous Hacking Case
Jefferson County Sheriff Fred Abdalla has been targeted as the symbol of the corrupt nature surrounding the city and its relationship with the Big Red football program, ever since rape charges against two members of the team became national news again on Wednesday. Whether because of the increased attention or not, the investigation has deepened already — CNN reports the FBI offered "some technical assistance" to state authorities in charge of the case.
RELATED: LulzSec Scoffs at Report the U.K. Arrested One of Them
On Friday evening, Abdalla was declaring war against Anonymous. He had previously expressed his concerns about the information being distributed by the hacking group — the names of the accused, who are being charged as minors; the teammate whose video went viral and now may be in trouble with Ohio State University — but not to this level. Abdalla told WTRF in a new interview that he was "coming after" Anonymous.
RELATED: Turkish Cops Arrest 32 Alleged Anonymous Members
The hacking group wasn't threatened by the small town sheriff, though:
RELATED: Inside the Anonymous Hacking File on the Steubenville 'Rape Crew'
RELATED: How Two LulzSec Hackers Slipped Up
Still, some time between Friday night and Saturday afternoon, Abdalla had a change of heart. In the middle of the Anonymous-organized Occupy Steubenville gathering Saturday afternoon — many rape victims spoke to the crowd of more than 1,300 rallyers, with many more watching on UStream — Abdalla showed up and took the stage:
The crowd didn't receive him that well. Abdalla stuck around for a few minutes after this video ends, and was largely met with boos from the crowd. But it's pretty amazing that he showed up at all, considering what he said the night before.
Unfortunately, the video above doesn't contain the best part of Abdalla's appearance. The Anonymous member MC'ing the event — the one standing next to him in the picture above — actually got a chance to interview the sheriff at one point. When asked about the now notorious video of the member of the football team joking about raping the victim, Abdalla said he found it "disgusting." He told Anonymous that he was aware of the video's existence, but didn't watch it until three days ago, when Anonymous and their partners at LocalLeaks was first broadcast to the public via their constantly updating Steubenville Files.
Meanwhile, the city of Steubenville, in a direct response to the social-media storm swirled up by Anonymous and LocalLeaks, on Saturday set up a new site called Steubenville Facts. CNN reports:
With looking at the facts of the case, the rumors, the social media ... we proceeded in setting up SteubenvilleFacts.org that will present only the facts and provide information on the government of the city, as well as the transparency and the timeline of the evidence," Cathy Davison, the city manager, said during a news conference Saturday.
She said the website is meant to combat the perception that "everyone in Steubenville is acting or is like the individuals that are involved in the case. That we are a community that is run by football. That is not the case."

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Sudan: at least 30 Darfur rebels killed in clashes

KHARTOUM, Sudan (AP) — The Sudanese army says its soldiers have killed at least 30 rebels in clashes in Sudan's troubled North Darfur region.
The army spokesman, Col. Sawarme Khalid, says the rebel forces belong to Justice and Equality Movement. He told the semiofficial Sudan Media Center Wednesday that the army turned back a rebel attack in Jebel Marra area of North Darfur.
Darfur has been in turmoil since 2003, when ethnic Africans rebelled, accusing the Arab-dominated Sudanese government of discrimination. Rights groups charge the regime retaliated by unleashing Arab militias on civilians, a claim the government denies.
The U.N. estimates 300,000 people have died and 2.7 million have been displaced in the conflict.
Sudanese President Omar al-Bashir has been indicted on war crimes charges by the International Criminal Court over Darfur.

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