Officials warn holiday revelers against firing weapons

By Richard Winton, Los Angeles Times

December 29, 2012, 8:59 p.m.

Los Angeles officials are warning that anyone discharging a firearm into the air to celebrate the new year not only risks killing someone but could also face a lengthy prison sentence.

"Firing into the air weapons in celebration puts innocent lives at risk," Mayor Antonio Villaraigosa said last week. "Nothing ruins the holiday season like an errant bullet coming down and killing an innocent."

Villaraigosa said the misuse of firearms is on everyone's mind in the wake of the Newtown, Conn., school shooting that left six adults and 20 children dead. The mayor vowed that authorities will pursue criminal charges for anyone caught in possession of a weapon in public.

For more than a decade, city and county leaders have tried to quell celebratory gunfire.

Los Angeles Police Chief Charlie Beck said a bullet discharged into the air falls at a rate of 300 to 700 mph, depending on the weapon — "easily enough to crack the human skull."

"Please celebrate New Year's with your family, not in [Sheriff] Lee Baca's jail or my jail," Beck said, pledging to capture anyone firing a weapon. "Firing a gun in the air isn't only dangerous and a crime but socially unacceptable."

L.A. County Dist. Atty. Jackie Lacey said that anyone caught firing a weapon — even if they don't hit someone — will face a felony charge and a fine of up to $10,000 and a possible three-year sentence. A conviction would be considered a strike offense and the suspect would lose the right to own a firearm.

Supervisor Mark Ridley-Thomas said that in some county areas, special equipment has been deployed to spot shots within seconds and track their locations.

"The madness of gun violence has to stop," he said. "This is a matter of physics. What goes up must come down."

richard.winton@latimes.com

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Facebook’s SnapChat Intimidator Was Great for SnapChat’s Business

This probably isn’t the outcome Facebook was hoping for. After Facebook created Poke, its very obvious SnapChat intimidator, the rival app saw a big boost in numbers. 

RELATED: Facebook’s SnapChat-Style Sexting App Is Called Poke (Seriously)

The people over at Bloomberg Businessweek looked at the hard numbers and concluded (with charts!) that SnapChat saw a huge uptick in attention after Facebook created Poke. What we initially thought was a clone war was not meant to be. Facebook helped SnapChat rocket to the top of the app charts. SnapChat, to its credit, was ready for the challenge as soon as the gauntlet was laid down by Facebook. SnapChat’s CEO had an Apple-IBM inspired response to Poke’s existence: he told The Verge, “Welcome, Facebook. Seriously.”

RELATED: When SnapChat Videos Don’t Disappear

It was clear from the start that the big boys in blue were big fans of the independent creation: Mark Zuckerberg himself helped code the copycat. But just because the app was touched by the hand of Zuck doesn’t necessarily mean success is guaranteed. Poke’s greatest success so far is helping royally piss off Zuckerberg’s sister. Whether or not Poke, or SnapChat for that matter, is a long-term success remains to be seen. We need to watch the success theater play out before our eyes. 

RELATED: Facebook to Launch Its Own SnapChat as Social-Network Clone Wars Live on

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McCartney, 'God particle' scientist get honors

LONDON (AP) — Stella McCartney, who designed the uniforms worn by Britain's record-smashing Olympic team, and Scottish physicist Peter Higgs, who gave his name to the so-called "God particle," are among the hundreds being honored by Queen Elizabeth II this New Year.

The list is particularly heavy with Britain's Olympic heroes, but it also includes "Star Wars" actor Ewan McGregor, eccentric English singer Kate Bush, Roald Dahl illustrator Quentin Blake, and Jamie Lowther-Pinkerton, the royal aide who helped organize the watched-around-the-world wedding of Prince William to Kate Middleton.

McCartney was honored with the title of Officer of the Order of the British Empire, or OBE, in part for her work creating the skintight, red-white-and-blue uniforms worn by British athletes as they grabbed 65 medals during the 2012 games hosted by London. McCartney is the designer daughter of ex-Beatle Paul McCartney and his first wife Linda, and she has moved to make the family name almost as synonymous with fashion as it is with music, setting up a successful business and a critically-acclaimed label.

Higgs' achievements, which made him a Companion of Honor, touch on the nature and the origins of the universe. The 83-year-old researcher's work in theoretical physics sought to explain what gives things weight. He said it was while walking through the Scottish mountains that he hit upon the concept of what would later become known as the Higgs boson, an elusive subatomic particle that gives objects mass and combines with gravity to give them weight.

For decades, the existence of such a particle remained just a theory, but earlier this year scientists working at the European Organization for Nuclear Research, or CERN, said they'd found compelling evidence that the Higgs boson was out there. Or in there. Or whatever.

All of Britain's gold medalists from this year's games were on the list, with cyclist Bradley Wiggins and sailor Ben Ainslie honored with knighthoods.

Sebastian Coe, who masterminded the games as chairman of the London organizing committee, was made a Companion of Honor — a prestigious title also awarded to Higgs. But Ken Livingstone, London's former mayor, said Saturday he turned down a Commander of the Order of the British Empire, or CBE, recognizing his services to the Olympics because he doesn't believe politicians should get the queen's honors.

Honors lists typically include a sprinkling of star power, and this year was no different. Ewan McGregor, who came to public attention through his role as the heroin-addled anti-hero of British drug drama "Trainspotting," was awarded an OBE. The 41-year-old actor is also known for his turn as a young Obi-Wan Kenobi in the "Star Wars" prequels.

"Babooshka" singer Kate Bush said she was delighted to be made a CBE for a musical career which has resulted in a string of quirky hits including "Wuthering Heights," ''Cloudbusting," and "Man With The Child In His Eyes."

Other art world honorees included artist Tracey Emin and Quentin Blake, whose spiky, exuberant illustrations are best known through the work of his collaborator Roald Dahl.

Politicians, policemen, and spies got honors too. Scotland Yard chief Bernard Hogan-Howe was awarded a knighthood; former British foreign minister Margaret Beckett was made a Dame Commander of the Order of the British Empire. Former Prime Minister Tony Blair's wife Cherie was made a CBE for her charity work. MI5 chief Jonathan Evans was made a Knight Commander of the Order of Bath.

Also honored was the man credited with helping pull off the wedding of the decade: Jamie Lowther-Pinkerton, principal private secretary to the Duke and Duchess of Cambridge (as Prince William and his wife are formally known) was made a Lieutenant of the Royal Victorian Order.

Britain's honors are bestowed twice a year by the monarch, at New Year's and on her official birthday in June. Although the queen does pick out some lesser honors herself, the vast majority of recipients are selected by government committees from nominations made by officials and members of the public.

In descending order, the honors are knighthoods, CBE, OBE, and MBE — Member of the Order of the British Empire. Knights are addressed as "sir" or "dame." Recipients of the other honors, such as the Order of the Companions of Honor given to Higgs and Coe or the Royal Victorian Order personally picked out by the queen, receive no title but can put the letters after their names.

The New Year's honors carried the usual batch of courtiers — even the royal household's switchboard operator got a medal — as well as senior civil servants, soldiers, charity executives, successful entrepreneurs, established academics, volunteers, and community workers. Some of the more eclectic honors included the OBE handed to card game columnist Andrew Michael Robson "for services to the game of bridge," and the OBE given to river conservationist Andrew Douglas-Home "for services to fishing."

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Individual mandate in healthcare was year's top consumer story

This was the year of the healthcare mandate. No other consumer story of 2012 comes close.

In a split decision, with Chief Justice John G. Roberts Jr. casting the deciding vote, the U.S. Supreme Court upheld the cornerstone of President Obama's healthcare reform law, the most sweeping overhaul of our dysfunctional medical system in decades.

The so-called individual mandate requires that most people have health insurance. It's the trade-off for the insurance industry's agreement to stop denying coverage to people with preexisting conditions and to stop charging higher rates if you get sick.

It's also the trade-off for insurers to remove limits on how much treatment they'll cover annually or over your lifetime.

"It's a huge deal," said Lee Goldberg, vice president of health policy for the National Academy of Social Insurance, a Washington think tank. "Without the mandate, you're much more likely to have spiraling healthcare costs and an unsustainable market for coverage."

Critics of the mandate, and there are plenty of them, say it represents a government takeover of healthcare, a socializing of medicine. The government, they say, can't make you buy something you don't want.

But that's not how the mandate works. No one's forcing you to buy insurance. No one's forcing you to be covered.

However, there will be a tax penalty if you decide that you want to take your chances. And there's a very good reason for this: Taking your chances is foolish.

Unless you're Superman, you're going to need healthcare at some point in your life. That's just a fact.

"No one's going to throw you in jail if you don't have insurance," said Richard Curtis, president of the Institute for Health Policy Solutions. "But if you ever have an accident and have to use the [emergency room], that tax penalty will help to defray the cost that will be covered by those who do have insurance."

Beginning in 2014, the penalty for going uninsured will be no more than $285 per family or 1% of income, whichever is greater. The cap rises to $975 or 2% of income a year later, and then up to $2,085 per family or 2.5% of income by 2016.

Quiz: How much do you know about business news in 2012?

Opponents of healthcare reform conveniently ignore the basic economics of the insurance business. Insurers aren't service providers. They're risk managers. They examine the risk they face by covering a group or individual and price their policies accordingly.

The larger the risk pool, obviously, the cheaper the coverage. That's because the risk to health insurers goes down if younger and healthier people are included in the mix. The result: more affordable coverage for everyone.

Taken to its logical extreme, the most effective and efficient health insurance system for the United States would be something like a Medicare-for-all approach in which the risk pool comprises everybody in the country — young and old, healthy and sick.

In fact, we're already well down that road. Federal and state programs such as Medicare, Medicaid and veterans' assistance accounted for about 45% of total U.S. healthcare spending in 2010, according to a recent study by the National Institute for Health Care Management Foundation.

The amount of public money spent on healthcare should serve as a wake-up call to all those who think the world would end if the U.S. followed Britain, France, Canada and other developed countries in enacting a national health insurance system.

For the U.S., it would simply be an expansion of a system that already exists but is hobbled by the inefficiency of denying Medicare and other programs access to healthier members of the population, thus saddling taxpayers with a disproportionately large number of higher-risk people.

The individual mandate won't radically change things. The healthcare insurance system will remain divided between a public sector that focuses primarily on aging and sick people and a private sector that, for purely financial reasons, provides increasingly less access to affordable coverage.

Average premiums for employer-sponsored family health insurance plans rose 62% from 2003 to 2011 to $15,022 a year, according to a recent report by the Commonwealth Fund.

Health insurance costs far outpaced people's incomes in all states during that time, the report found, with workers' average share of premiums for family plans soaring 74% and deductibles more than doubling, while the median household income rose only about 10%.

Still, the mandate is a big step toward remedying the system's economic irrationality. By extending coverage to about 30 million of the 50 million people who now lack insurance, the mandate will place medical care within reach of many who previously may have sought treatment only in emergencies.

As a result, national wellness will improve and, presumably, healthcare costs will go down, or at least will be better controlled as fewer people put off medical attention until an easily treated ailment becomes an expensive catastrophe.

"The mandate is the key to making this all work," said Devon Herrick, a healthcare economist at the National Center for Policy Analysis. "Otherwise people would just wait until they got sick before buying insurance and premiums would skyrocket."

There's still much to be done. The reform law's insurance exchanges are a work in progress, and it's unclear at this point how much coverage will be offered and how much it will cost.

But the Supreme Court has kept the ball rolling by maintaining the mandate as part of the equation. It was a decision that will change all our lives, probably for the better, and move us closer to a system under which all people can obtain affordable healthcare.

David Lazarus' column runs Tuesdays and Fridays. he also can be seen daily on KTLA-TV Channel 5 and followed on Twitter @Davidlaz. Send tips or feedback to david.lazarus@latimes.com.

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Jean Harris dies at 89; killer of 'Scarsdale Diet' doctor

Jean Harris, the onetime headmistress of an elite girls' school whose trial in the fatal 1980 shooting of the celebrity diet doctor who jilted her generated front-page headlines and national debates about whether she was a feminist martyr or vengeful murderer, has died. She was 89.

Harris, who spent nearly 12 years in prison for the shooting death of her longtime boyfriend, "Scarsdale Diet" doctor Herman "Hy" Tarnower, died Sunday at an assisted-living facility in New Haven, Conn., of complications related to old age, her son James said.

Convicted in 1981 of second-degree murder, Harris, who had at least two heart attacks in prison, was granted clemency on her 15 years-to-life sentence on Dec. 29, 1992, by then-New York Gov. Mario Cuomo, who cited her health and advancing age.

"I honestly thought I would die in prison," Harris said after her release.

Harris, then 68, took up residence in a New Hampshire cabin overlooking Vermont's Green Mountains, where she walked her dog, wrote and raised money for a program to help children of inmates at New York's Bedford Hills Correctional Center, where she was imprisoned after her Feb. 28, 1981, conviction.

The March 10, 1980, shooting of Tarnower — which she claimed throughout her life was her own suicide gone awry — was one of the most sensational crimes of its era.

It riveted the nation, not only because of its titillating combination of sex and violence. It raised what many experts said were important sociological issues, with some feminists rallying to Harris as a symbol of society's disregard for the plight of older women and others arguing that her case had nothing at all to do with feminism.

Women's movement icon Betty Friedan dismissed Harris as a "pathetic masochist" for staying with a man who mistreated her. But author Shana Alexander, who wrote a book on the case, described Harris as the "psychological victim of a domineering person."

Whether morality play or soap opera, the case inspired two TV movies: "The People vs. Jean Harris" (1981), in which Harris was portrayed by Ellen Burstyn, and "Mrs. Harris" (2005), which starred Annette Bening.

In 1980, Harris was the 56-year-old headmistress of the fancy, private Madeira School overlooking the Potomac River in McLean, Va. Tarnower was a 69-year-old cardiologist and best-selling author of a book on a high-protein, low-fat diet that he developed for heart patients at his medical center in well-to-do Scarsdale, N.Y.

When they met in 1966, they were so taken with each other that Tarnower — a lifelong bachelor — gave Harris a 4-carat diamond engagement ring. He quickly changed his mind, telling her that he couldn't stop seeing other women.

Harris agreed to this condition, and through the years became what she wryly described as "the broad-he-brought" to dinner parties. By 1980 the 14-year relationship was on the skids as Harris became embittered watching Tarnower, in the wake of the Scarsdale diet book, growing ever more rich and famous.

The last straw for Harris: Tarnower was "wavering" about whether to invite her or a younger woman, Lynne Tryforos, to a dinner honoring him.

After one particularly harrowing week at the school when she expelled four seniors, Harris decided on suicide. She wrote notes to her grown sons, put her papers in order, packed a .32-caliber handgun in her purse and drove five hours from Virginia to Tarnower's six-acre estate in Purchase, N.Y.

She later testified that she wanted to see her lover one last time before killing herself at the estate's duck pond. But her plans went awry after she let herself into his home, found Tarnower asleep and spotted a negligee and hair rollers in a bathroom — evidence that her rival, 38-year-old Tryforos, had recently stayed over.

Harris threw the hair rollers at a window, breaking it, and also broke a cosmetic mirror. The ruckus woke Tarnower, who struck her, Harris said. She said that she challenged him to "hit me again, Hy, make it hard enough to kill," but he withdrew. Feeling the revolver in her pocketbook, she pulled out the gun and said to him, "Never mind, I'll do it myself."

But, she testified, when she raised the gun to her temple, he grabbed the weapon, which went off and wounded him in the hand, giving her time to grab the gun again; she later testified that she thought she had time to kill herself.

In the ensuing struggle, Tarnower was struck by bullets three more times — in the chest, arm and back. A fifth bullet also was fired. Harris maintained throughout her life that Tarnower was trying to prevent her from killing herself.

The call to the White Plains police was made at 10:56 p.m. by the doctor's housekeeper, who lived on the estate. The March 12 four-column headline in the New York Times read " 'Scarsdale Diet' Doctor Is Slain; Headmistress Is Charged."

The highly publicized 64-day trial that followed included 92 witnesses — most disastrously, Harris herself.

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It’s Easy to Save Videos From Facebook Poke Permanently

Apps like Snapchat and Facebook Poke let users send short messages, photos or videos that automatically self-destruct after a few seconds. However, it’s actually very easy for a recipient to save some of those messages permanently — and without the sender knowing.

Both apps will alert the sender if the recipient takes a screengrab of whatever was sent, of course, but by connecting your phone to a PC or Mac, the messages can be secretly offloaded without the sender knowing — a possibility first reported by BuzzFeed. For an iPhone, all you’ll need is a third-party file manager like iExplorer.

[More from Mashable: Facebook in 2013: More Growing Pains Ahead]

For Poke, only videos can be permanently stored in this manner, and only videos that you haven’t already viewed. But it’s very easy. Once you’ve installed your file manager, connect your iPhone and you should see a list of your apps. Select the Poke folder, then navigate to Library>Caches>FBStore>315_14_>MediaCache. There you should see every Poke video that you haven’t yet watched. (See screencap below.)

[More from Mashable: NYC Releases App to Tell You When the Next Subway Is Coming]

From there, all you need to do is drag and drop the files to any other folder on your computer to copy and store them. After that, you can open the file in Poke, let it self-destruct, and the sender will be none the wiser.

Although permanent storage only works for videos in Poke, performing similar steps for Snapchat will let you save both videos and photos.

While it’s a bit surprising that it’s so easy to save messages that are ostensibly deleted permanently, it may be a stretch to characterize this file caching as a “vulnerability” of the apps, which are generally intended for casual use. Facebook‘s official statement on the matter appears to take this stance:

“Poke is a fun and easy way to communicate with your friends and is not designed to be a secure messaging system. While Pokes disappear after they are read, there are still ways that people can potentially save them. For example, you could take a screenshot of a photo, in which case the sender is notified. People could also take a photo of a photo you sent them, or a video of a video, with another camera. Because of this, people should think about what they are sending and share responsibly.”

What do you think of the potential for someone to save a Facebook Poke or Snapchat message? Let us know in the comments.

Top image courtesy of iStockphoto, JimmyAnderson

Facebook Poke: Startup Screen

Poke, the new iPhone app from Facebook, lets you send short messages, photos and videos to friends that automatically self destruct after a few seconds. If you have the Facebook app on your phone already, logging in is effortless.

Click here to view this gallery.

This story originally published on Mashable here.

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FBI removes many redactions in Marilyn Monroe file

LOS ANGELES (AP) — FBI files on Marilyn Monroe that could not be located earlier this year have been found and re-issued, revealing the names of some of the movie star's communist-leaning friends who drew concern from government officials and her own entourage.

But the records, which previously had been heavily redacted, do not contain any new information about Monroe's death 50 years ago. Letters and news clippings included in the files show the bureau was aware of theories the actress had been killed, but they do not show that any effort was undertaken to investigate the claims. Los Angeles authorities concluded Monroe's death was a probable suicide.

Recently obtained by The Associated Press through the Freedom of Information Act, the updated FBI files do show the extent the agency was monitoring Monroe for ties to communism in the years before her death in August 1962.

The records reveal that some in Monroe's inner circle were concerned about her association with Frederick Vanderbilt Field, who was disinherited from his wealthy family over his leftist views.

A trip to Mexico earlier that year to shop for furniture brought Monroe in contact with Field, who was living in the country with his wife in self-imposed exile. Informants reported to the FBI that a "mutual infatuation" had developed between Field and Monroe, which caused concern among some in her inner circle, including her therapist, the files state.

"This situation caused considerable dismay among Miss Monroe's entourage and also among the (American Communist Group in Mexico)," the file states. It includes references to an interior decorator who worked with Monroe's analyst reporting her connection to Field to the doctor.

Field's autobiography devotes an entire chapter to Monroe's Mexico trip, "An Indian Summer Interlude." He mentions that he and his wife accompanied Monroe on shopping trips and meals and he only mentions politics once in a passage on their dinnertime conversations.

"She talked mostly about herself and some of the people who had been or still were important to her," Field wrote in "From Right to Left." ''She told us about her strong feelings for civil rights, for black equality, as well as her admiration for what was being done in China, her anger at red-baiting and McCarthyism and her hatred of (FBI director) J. Edgar Hoover."

Under Hoover's watch, the FBI kept tabs on the political and social lives of many celebrities, including Frank Sinatra, Charlie Chaplin and Monroe's ex-husband Arthur Miller. The bureau has also been involved in numerous investigations about crimes against celebrities, including threats against Elizabeth Taylor, an extortion case involving Clark Gable and more recently, trying to solve who killed rapper Notorious B.I.G.

The AP had sought the removal of redactions from Monroe's FBI files earlier this year as part of a series of stories on the 50th anniversary of Monroe's death. The FBI had reported that it had transferred the files to a National Archives facility in Maryland, but archivists said the documents had not been received. A few months after requesting details on the transfer, the FBI released an updated version of the files that eliminate dozens of redactions.

For years, the files have intrigued investigators, biographers and those who don't believe Monroe's death at her Los Angeles area home was a suicide.

A 1982 investigation by the Los Angeles District Attorney's Office found no evidence of foul play after reviewing all available investigative records, but noted that the FBI files were "heavily censored."

That characterization intrigued the man who performed Monroe's autopsy, Dr. Thomas Noguchi. While the DA investigation concluded he conducted a thorough autopsy, Noguchi has conceded that no one will likely ever know all the details of Monroe's death. The FBI files and confidential interviews conducted with the actress' friends that have never been made public might help, he wrote in his 1983 memoir "Coroner."

"On the basis of my own involvement in the case, beginning with the autopsy, I would call Monroe's suicide 'very probable,'" Noguchi wrote. "But I also believe that until the complete FBI files are made public and the notes and interviews of the suicide panel released, controversy will continue to swirl around her death."

Monroe's file begins in 1955 and mostly focuses on her travels and associations, searching for signs of leftist views and possible ties to communism. One entry, which previously had been almost completely redacted, concerned intelligence that Monroe and other entertainers sought visas to visit Russia that year.

The file continues up until the months before her death, and also includes several news stories and references to Norman Mailer's biography of the actress, which focused on questions about whether Monroe was killed by the government.

For all the focus on Monroe's closeness to suspected communists, the bureau never found any proof she was a member of the party.

"Subject's views are very positively and concisely leftist; however, if she is being actively used by the Communist Party, it is not general knowledge among those working with the movement in Los Angeles," a July 1962 entry in Monroe's file states.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP

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Memphis Aims to Be a Friendlier Place for Cyclists

Lance Murphey for The New York Times

The Shelby Farms Greenline, which replaced a Memphis rail line.

MEMPHIS — John Jordan, a 64-year-old condo appraiser here, has been pedaling his cruiser bicycle around town nearly every day, tooling about at lunchtime or zipping to downtown appointments.

“It’s my cholesterol-lowering device,” said Mr. Jordan, clad in a leather vest and wearing a bright white beard. “The problem is, the city needs to educate motorists to not run over” the bicyclists.

Bike-friendly behavior has never come naturally to Memphis, which has long been among the country’s most perilous places for cyclists. In recent years, though, riders have taken to the streets like never before, spurred by a mayor who has worked to change the way residents think about commuting.

Mayor A. C. Wharton Jr., elected in 2009, assumed office a year after Bicycling magazine named Memphis one of the worst cities in America for cyclists, not the first time the city had received such a biking dishonor. But Mr. Wharton spied an opportunity.

In 2008, Memphis had a mile and a half of bike lanes. There are now about 50 miles of dedicated lanes, and about 160 miles when trails and shared roads are included. The bulk of the nearly $1 million investment came from stimulus money and other federal sources, and Shelby County, which includes Memphis, was recently awarded an additional $4.7 million for bike projects.

In June, federal officials awarded Memphis $15 million to turn part of the steel truss Harahan Bridge, which spans the Mississippi River, into a bike and pedestrian crossing. Scheduled to open in about two years, the $30 million project will link downtown Memphis with West Memphis, Ark.

“We need to make biking part of our DNA,” Mr. Wharton said. “I’m trying to build a city for the people who will be running it 5, 10, 15 years from now. And in a region known to some for rigid thinking, the receptivity has been remarkable.”

City planners are using bike lanes as an economic development tool, setting the stage for new stores and enhanced urban vibrancy, said Kyle Wagenschutz, the city’s bike-pedestrian coordinator, a position the mayor created.

“The cycling advocates have been vocal the past 10 years, but nothing ever happened,” Mr. Wagenschutz said. “It took a change of political will to catalyze the movement.”

Memphis, with a population of 650,000, is often cited among the unhealthiest, most crime-ridden and most auto-centric cities in the country. Investments in bicycling are being viewed here as a way to promote healthy habits, community bonds and greater environmental stewardship.

But as city leaders struggle with a sprawling landscape — Memphis covers about the same amount of land as Dallas, yet has half the population — their persistence has run up against another bedeviling factor: merchants and others who are disgruntled about the lanes.

A clash between merchants and bike advocates flared last year after the mayor announced new bike lanes on Madison Avenue, a commercial artery, that would remove two traffic lanes. Many merchants, like Eric Vernon, who runs the Bar-B-Q Shop, feared that removing car lanes would hurt businesses and cause parking confusion. Mr. Vernon said that sales had not fallen significantly since the bike lanes were installed, but that he thought merchants were left out of the process.

On McLean Boulevard, a narrow residential strip where roadside parking was replaced by bike paths, homeowners cried foul. The city reached a compromise with residents in which parking was outlawed during the day but permitted at night, when fewer cyclists were out. Mr. Wagenschutz called the nocturnal arrangement a “Cinderella lane.”

Some residents, however, were not mollified. “I’m not against bike lanes, but we’re isolated because there’s no place to park,” said Carey Potter, 53, a longtime resident who started a petition to reinstate full-time parking.

The changes have been panned by some members of the City Council. Councilman Jim Strickland went as far as to say that the bike signs that dot the streets add “to the blight of our city.”

Tensions aside, the mayor’s office says that the potential economic ripple effect of bike lanes is proof that they are a sound investment.

A study in 2011 by the University of Massachusetts found that building bike lanes created more jobs — about 11 per $1 million spent — than any other type of road project. Several bike shops here have expanded to accommodate new cyclists, including Midtown Bike Company, which recently moved to a location three times the size of its former one. “The new lanes have been great for business,” said the manager, Daniel Duckworth.

Wanda Rushing, a professor at the University of Memphis and an expert on urban change in the South, said bike improvements were of a piece with a development model sweeping the region: bolstering transportation infrastructure and population density in the inner city.

“Memphis is not alone in acknowledging that sprawl is not sustainable,” Dr. Rushing said. “Economic necessity is a pretty good melding substance.”

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The middle class languishes as the super-rich thrive

The good news for the U.S. economy as we enter 2013 is that the election's over. The bad news is that the election's over.

What's good about it is that both parties in Washington can shed their preoccupation with the campaign theatrics that dominated our long national voyage from pre-primary jockeying through election day.

Yet the most dispiriting thing about the campaign's end is that the economic challenges facing the majority of Americans remain unaddressed. As these words are being written, the end-of-year deficit debate in Washington remains largely unresolved.

UC Berkeley economist J. Bradford DeLong observed last week that we're not heading toward the fiscal cliff so much as waiting for the "austerity bomb" to detonate. The lighted fuse on that bomb, he computed, has already cut likely growth in real gross domestic product for 2013 to 2.5% from 3%.

The policy positions on both sides presage smaller government, which is not the right prescription for an economy still struggling to recover. There will be lower federal spending at a time when the government participation in the economy is still crucial; there will be less take-home pay for the middle class and the working class, who pump almost everything they have into the marketplace.

The disagreement in Washington is no longer whether to cut, but where and by how much; and whether the seemingly inevitable end of the payroll tax holiday for working men and women will be balanced by continuation of their reduced income tax rates.

Notwithstanding the election results, the course of negotiations in Washington suggests that in 2013, the Americans taking it on the chin will be people defined by Mitt Romney as the 47% who refuse to "take personal responsibility … for their lives," but who are defined by more thoughtful observers of the American masses as seniors, veterans, disabled persons and the unemployed or underemployed. The progressive principles defended by President Obama on the stump, such as the sanctity of benefits promised the elderly and infirm, will be put on the table as bargaining chips to purchase modestly higher tax rates for the wealthy.

Meanwhile, the corporate CEOs who are marching on Washington under the banner of "fixthedebt.org," a product of the think tank network of Wall Street billionaire Peter G. Peterson, will continue to insist that the deficit be cut by almost any means, except raising tax rates on themselves. (Among the suggestions from fixthedebt's parent organization for a "downpayment" on tax reform: "eliminating preferences for corporate jets and second homes." Talk about shared sacrifice!)

One year ago, I wrote in this very space that candidates on both sides of the partisan divide were poised to make the economic plight of the middle class the "centerpiece of their campaigns in the coming year."

That prediction proved true. The middle-class economy was the "centerpiece." And it got the same attention from the candidates as the floral decoration at a banquet table does from the guests, who praise its elegance then grumble that it blocks their reach for the butter dish. The terms "middle class" and "middle income" were uttered by Obama or candidate Romney 63 times in their three debates, and by Vice President Joe Biden and his GOP challenger Paul Ryan an additional 33 times in theirs.

Yet the election has yielded no sign of a remedy for the middle-class malady. The sickness is made up in equal parts of snail's-pace job growth in the private sector; wholesale cutbacks of teaching jobs and other middle-class positions in the public sector; growing income inequality that narrows the economic base for all; a continuing overhang of excessive mortgage debt for homeowners; and a sharp deterioration in retirement security.

If anything, the end-of-year deficit debate points toward the exacerbation of every one of those factors.

It's proper to point out (for the umpteenth time) that spreading the fruits of economic growth as broadly as possible is an indispensable fuel for more economic growth. Concentrating wealth in a small segment of the population undermines growth; that's one reason the U.S. economy weakened markedly through the 1920s and why overall income growth in the present day has been lagging while corporate profits are soaring.

Those contradictory conditions can't persist together for long. But as the Congressional Budget Office reported last year, average after-tax household income for the top 1% of Americans nearly tripled from 1979 to 2007, while income for the middle 60% in the income range grew only 40%. Consequently, the share of income collected by the top 20% of Americans rose to nearly 60% from 50% in that period, while the share of every other income group fell.

The 2008 recession moderated that trend somewhat, but it has resumed since then with a vengeance. In 2009 and 2010, according to studies by Emmanuel Saez of UC Berkeley, the average real income per family rose 2.3% — but that of the top 1% grew 11.6%. That means that 93% of the income gains in the post-recession period went to the top 1%.

What policies are on the horizon in Washington or our 50 statehouses to reverse this trend, corrosive as it is to the social fabric and the economy at large?

Assistance for state and local governments to avert further layoffs? That would be seen in Congress as excessive spending and a path to the "fiscal cliff." Aggressive protection of employees' collective-bargaining rights to preserve middle-class incomes in the labor pool? Ask Republicans in Michigan, who exploited a solid lame-duck legislative majority to ram through a state anti-union measure in the session's final days.

Obama spoke out against the Michigan legislation before its passage, but his administration has not exactly been a beacon for workers' rights at the federal level.

Even more disturbing is Obama's apparent willingness to place retiree security on the bargaining table over the federal deficit. His last pre-Christmas offer to the GOP included a dismaying proposal to tie annual Social Security cost-of-living increases to an inflation measure known as the "chained CPI."

This index consistently runs lower than the conventional CPI by an average of about three-tenths of a percentage point per year. That means that by the time the average retiree would reach age 85, his or her benefit would be lower by about $1,000 than it would be under the current CPI; by 95, the shortfall would be nearly $1,400. In other words, it's a change that hits the neediest and the oldest retirees most severely.

Yet this stealth benefit cut may well be implemented this year without a commensurate increase in revenue for Social Security, say by an increase in the cap on earnings subject to the payroll tax that funds the program, which will be $113,700 this year.

Have any of the parties so concerned about the Social Security benefits of America's seniors put forth proposals to shore up the other pillars of retirement income — employer-funded pensions and personal savings — eaten away by corporate policies and the slipshod regulation of investment markets that led to the 2008 crash? (Don't everyone answer at once.)

The lesson that 2012 bears for 2013 is that as the "fiscal cliff" facing the middle class has drawn ever closer, the solutions proposed have become ever more irrelevant to the problems at hand and more protective of the economic segment that needs the least protection.

One year ago, there was reason for hope that such fundamental disconnects between problem and solution would at least be aired in a presidential campaign. Today, there's reason for despair that they'll even be recognized by the people in whom we entrust our economic future.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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Retired Gen. H. Norman Schwarzkopf dies at 78

Gen. H. Norman Schwarzkopf, who presided over the swift and devastating 1991 military assault on Iraq that transformed the Middle East and reminded America what it was like to win a war, died Thursday of complications from pneumonia. He was 78.

The former four-star general, whose burly image towering in camouflage fatigues above his troops came to define both Operation Desert Storm and the nation's renewed sense of military pride, had been living in relatively quiet retirement in Tampa, Fla., eschewing the political battles that continued to broil over a part of the world he had left as a conqueror.

"We've lost an American original," the White House said in a statement. "Gen. Schwarzkopf stood tall for the country and Army he loved. Our prayers are with the Schwarzkopf family, who tonight can know that his legacy will endure in a nation that is more secure because of his patriotic service."

Former President George H.W. Bush, hospitalized himself with an illness in Texas, called Schwarzkopf "a true American patriot and one of the great military leaders of his generation."

Schwarzkopf, often called "Stormin' Norman" for his legendary temper, was best known for commanding a 765,000-strong force of allied international troops that drove former Iraqi President Saddam Hussein's forces out of Kuwait six months after they'd overrun the tiny Gulf oil sheikdom, terrorized its citizens and taken over its oil fields.

It was an operation fraught with peril: Iraq had the fourth-largest Army in the world; it was equipped with a large arsenal of Soviet-supplied weaponry; it had dispatched its elite Republican Guard forces into key defensive positions; and the Iraqi president warned he had fortified the borders with moats of oil that could be set afire and turned into deathtraps for any U.S. forces that dared to venture across.

But Schwarzkopf, with an eerie degree of prescience, had rehearsed a battle with Iraq only days before the country's August 1990 invasion of Kuwait and began putting it into place, convincing the leadership in Washington that the war could be won with a combination of forceful American air power and an overwhelming array of troops on the ground.

In the end, after weeks of pounding by American bombers and missiles, the ground war was over in just 100 hours, with U.S. battle casualties limited to 147 dead and 467 wounded.

On the decision of then-President Bush and Army Gen. Colin L. Powell, chairman of the Joint Chiefs of Staff, Schwarzkopf agreed to end the war short of demolishing the Republican Guard and taking down Saddam Hussein — a decision that would dog him for the rest of his life, especially as the U.S. went to war once again against Iraq in 2003.

To the end, Schwarzkopf insisted he had accepted the decision as the right one, even if he had not embraced it with enthusiasm — continuing to inflict carnage on retreating Iraqi forces for another day would have done little to upset the balance of power in the region and might have risked more American casualties, he said.

Likewise, he rejected criticism that the halt in combat had pulled the rug from underneath nascent rebellions by Iraqi Shiites in the south and Kurds in the north, leaving them vulnerable and exposed to slaughter once U.S. forces went home.

The Kurds had been battling the Iraqi regime for years, and would continue to do so, he said. "Yes, we are disappointed that that has happened. But it does not affect the accomplishment of our mission one way or another," he said at a news conference after the war.

The 6-foot, 3-inch general came home to a hero's welcome, appearing at a ticker-tape parade up Broadway, the Pegasus Parade at the Kentucky Derby in Louisville and an unusual joint session of Congress, where he received a standing ovation. Britain's Queen Elizabeth II awarded him a knighthood.

"In the defeat of Saddam's forces, he vanquished the scars on the American psyche over Vietnam," said Frank Wuco, a former senior naval intelligence officer who helped draft battle plans during Desert Storm. "He showed the Americans, primarily the American military, what victory felt like again."

In a 1992 autobiography written with Peter Petre, Schwarzkopf downplayed the notion of personal valor and resurrected something he'd said earlier to journalist Barbara Walters: "It doesn't take a hero to order men into battle. It takes a hero to be one of those men who goes into battle."

Schwarzkopf was born Aug. 22, 1934, in Trenton, N.J. By graduating from the West Point military academy in 1956, he followed in the footsteps of his father, a general who served in both world wars and went on to found the New Jersey State Police, which investigated the kidnapping of the infant son of famed aviator Charles Lindbergh.

Schwarzkopf went on to earn a master's degree in engineering from USC and taught missile engineering at West Point before volunteering in 1966 to serve in Vietnam — a conflict he called a "cesspool," in which he said military commanders were more interested in promoting their careers than in winning the war.

But Schwarzkopf went on to earn kudos from his own troops, at one point landing by helicopter in a minefield to rescue men trapped there. He was wounded twice and won three Silver Stars for bravery.

He commanded ground troops in the invasion of Grenada in 1983 and in 1988 took over U.S. Central Command, overseeing a staff of 700 at MacDill Air Force Base near Tampa. There, he quickly discarded the old playbooks that said the Soviet Union was the biggest threat to American interests in the Middle East. He turned his sights instead on Iraq.

Headquartered in the Saudi capital of Riyadh during the buildup to Desert Storm, Schwarzkopf had a double-barreled shotgun in the corner, and in his spare living quarters, a Bible and an edition of World War II German Field Marshal Erwin Rommel's "Infantry Attack."

He often said he wished for more patience but sometimes bristled at the notion he had a bad temper.

"An awful lot has been written about my temper. But I would defy anyone to go back over the years and tell me anyone whose career I've ruined, anyone whom I've driven out of the service, anyone I've fired from a job," he said. "I don't do that. I get angry at a principle, not a person."

He is survived by his wife, Brenda; two daughters, Cynthia and Jessica; a son, Christian; a grandson; and sisters Ruth Barenbaum and Sally Schwarzkopf.

kim.murphy@latimes.com

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Katie Holmes' Broadway play 'Dead Accounts' closes

NEW YORK (AP) — Katie Holmes' return to Broadway will be much shorter than she would have liked.

The former Mrs. Cruise's play "Dead Accounts" will close within a week of the new year. Producers said Thursday that Theresa Rebeck's drama will close on Jan. 6 after 27 previews and 44 performances.

The show, which opened to poor reviews on Nov. 29, stars Norbert Leo Butz as Holmes' onstage brother who returns to his Midwest home with a secret. Rebeck created the first season of NBC's "Smash" and several well-received plays including "Seminar" and "Mauritius."

Holmes, who became a star in the teen soap opera "Dawson's Creek," made her Broadway debut in the 2008 production of "All My Sons." She was married to Tom Cruise from 2006 until this year.

___

Online: http://www.deadaccountsonbroadway.com

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Surgery Returns to NYU Langone Medical Center

Chang W. Lee/The New York Times

Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.

NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.

While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.

The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.

“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.

Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.

“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.

The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.

The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.

In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.

Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.

The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.

The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.

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Starz will face new, challenging world as public company

Pay-TV channel Starz is trying to chart a new orbit.

Early next year, its parent company, Liberty Media, plans to spin off the premium network and its sister channel Encore into a new, stand-alone, publicly traded company.

Such a move would normally be cause for celebration. But for Starz, the separation comes amid uncertainty.

Its track record producing original shows has been mixed. The market is getting increasingly crowded not only from Starz's traditional competitors, HBO and Showtime, but also from new rivals including Netflix, Amazon and Redbox. And, starting in 2017, the network will lose one of its key suppliers of movies — Walt Disney Studios — to Netflix.

"It's an interesting time for Starz," said Matthew Harrigan, a media analyst with Wunderlich Securities. "Losing those Disney movies makes life a little more difficult, and it becomes even more important for them to create successful original programming."

STORY: On Location

Liberty Media is spinning off Starz in part to make it more attractive to potential buyers. Companies mentioned by analysts as possible suitors include Comcast Corp., parent of Universal Pictures. Other deep-pocketed prospective buyers could be News Corp., Walt Disney Co. and Viacom Inc. HBO and Showtime probably would face anti-trust issues if either of them made a run at Starz.

The shift also raises the stakes for Starz and its chief executive, Chris Albrecht, who has been given the task of building an original programming pipeline. Albrecht, who joined Starz nearly three years ago, has the experience. As the former head of HBO, he was a key architect of that network's success by helping nurture such culture-defining hits as "Sex and the City" and "The Sopranos."

Achieving those heights again, this time at Starz, has proved more elusive. Starz made a splash with its gladiator series "Spartacus," but another high-profile drama, "Boss," about a corrupt Chicago mayor played by Kelsey Grammer ("Frasier"), failed to deliver ratings to match its critical acclaim. "Boss" was canceled after two seasons. Last year's "Camelot," about a young King Arthur, started strong but then fell on its sword.

Starz, which has 20.8 million subscribers in the U.S., has spent the last few years playing catch-up. The network began developing original dramas much later than industry leaders HBO and Showtime, and also lags behind basic cable channels FX, AMC and USA Network.

At the same time, the availability of movies through other venues has increased dramatically, and film fans can just as easily get their fix by buying or renting DVDs — online or at supermarket kiosks — or through Internet streaming services. That makes the need for strong original content even greater.

Starz executives declined to comment for this story, citing the "quiet period" mandated by regulators before the public stock offering.

Hollywood movie studios have a strong incentive to protect the premium channels, which have long served as their unofficial ATMs. The channels, including HBO, Starz and Showtime, spit out hundreds of millions of dollars each year to movie studios in exchange for the first-run TV rights to recent releases. The fees — which can approach $30 million for a single blockbuster film — have helped studios turn deficits into profits for many movies.

The parent companies of HBO (Time Warner), Showtime (CBS Corp.) and Starz (Liberty Media), also have long collected hundreds of millions of dollars each year in profit from the channels in distribution fees from cable and satellite operators. According to consulting firm SNL Kagan, Starz and sister channel Encore this year will generate revenue of $1.34 billion and $414 million in cash flow, a metric similar to operating income.

Just a few years ago, Starz trailed HBO as the No. 2 movie channel in terms of distribution. But it has since been surpassed by Showtime. The CBS Corp. network has staged a string of hits including "Weeds," the serial killer drama "Dexter," the pill-popping dark comedy "Nurse Jackie" and its latest hit, the terrorist thriller "Homeland," which this fall won the Emmy for TV's best drama.

According to SNL Kagan, Showtime has 21 million subscribers and 2012 revenue of $1.6 billion. Cash flow for Showtime and its sister channels TMC and Flix should approach $690 million combined for this year. Showtime's programming expenses are slightly less because it ended its relationships with movie studios several years ago.

"Showtime has been doing something similar [to Starz] with their strategy, but they have programming that people are talking about," said BTIG analyst Richard Greenfield said. "The question is how does Starz stack up?"

Its shows have largely failed to attract the buzz that can drive subscriptions and ratings. "Spartacus" was Starz's most popular show, averaging more than 5 million viewers an episode during the third season when viewing on all platforms was counted. "Magic City," the channel's stylistic drama about Miami gangsters in the 1950s, averaged 3.1 million viewers an episode when it debuted this year, while "Boss" collared just 2.2 million an episode.

Starz is betting heavily on its lineup for next two years, which includes the second season of "Magic City" and the new prospects "Da Vinci's Demons," a drama about Leonardo's early days from David S. Goyer, a co-writer of the "Dark Knight Rises" film trilogy, and "Black Sails," a swashbuckling adventure from "Transformers" and "Pirates of the Caribbean" filmmaker Michael Bay.

The company this year is spending about $692 million on programming, with four-fifths of that amount earmarked for buying products from Disney and Sony Pictures Entertainment, according to SNL Kagan, which said Starz spends less than $100 million annually creating original series.

"They still need the movies to fill their schedule, but at the same time Starz needs some unique programs to define the channel," said Deana Myers, an SNL Kagan television analyst. "It's not an easy market to get into because a lot of other networks are doing original productions."

Although Starz will continue to receive the Disney movies for three years, the eventual loss puts pressure on the company to keep Sony as a supplier beyond 2016, when the parties' current arrangement ends. The loss of Disney movies and the coming end of the Sony contract could also complicate the picture as Starz tries to attract a new owner.

Potential suitor Viacom already has a presence in the premium channel business. The parent of Paramount Pictures teamed in 2009 with two other studios, Lions Gate Entertainment Corp. and Metro-Goldwyn-Mayer Studios Inc., to launch the movie service Epix. The upstart has struggled to make distribution deals with leading cable and satellite TV systems. That could make a merger between Epix and Starz enticing. Given that Epix is not nearly as powerful as HBO and Showtime, such a deal may also be able to pass regulatory muster.

meg.james@latimes.com

joe.flint@latimes.com

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Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

ROAD TO RECALL: Read The Times' award winning coverage

In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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Patrick Dempsey brews up coffee shop purchase

LOS ANGELES (AP) — Patrick Dempsey says he wants to rescue a coffee house chain and more than 500 jobs.

The "Grey's Anatomy" star said Wednesday he's leading a group attempting to buy Tully's Coffee. The Seattle-based company filed for Chapter 11 bankruptcy protection in October.

Dempsey said he's excited about the chance to help hundreds of workers and give back to Seattle.

The actor has a strong TV tie to the city: He plays Dr. Derek Shepherd on "Grey's Anatomy," the ABC drama set at fictional Seattle Grace Hospital.

Tully's has 47 company-run stores in Washington and California, as well as five franchised stores and 58 licensed locations in the U.S.

Any sale would have to be approved by a judge. A bankruptcy court hearing is set for Jan. 11 in Seattle.

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Elwood V. Jensen, Pioneer in Breast Cancer Treatment, Dies at 92

Elwood V. Jensen, a medical researcher whose studies of steroid hormones led to new treatments for breast cancer that have been credited with saving or extending hundreds of thousands of lives, died on Dec. 16 in Cincinnati. He was 92.

The cause was complications of pneumonia, his son, Thomas Jensen, said.

In 2004 Dr. Jensen received the Albert Lasker Basic Medical Research Award, one of the most respected science prizes in the world.

When Dr. Jensen started his research at the University of Chicago in the 1950s, steroid hormones, which alter the functioning of cells, were thought to interact with cells through a series of chemical reactions involving enzymes.

However, Dr. Jensen used radioactive tracers to show that steroid hormones actually affect cells by binding to a specific receptor protein inside them. He first focused on the steroid hormone estrogen.

By 1968, Dr. Jensen had developed a test for the presence of estrogen receptors in breast cancer cells. He later concluded that such receptors were present in about a third of those cells.

Breast cancers that are estrogen positive, meaning they have receptors for the hormone, can be treated with medications like Tamoxifen or with other methods of inhibiting estrogen in a patient’s system, like removal of the ovaries. Women with receptor-rich breast cancers often go into remission when estrogen is blocked or removed.

By the mid-1980s, a test developed by Dr. Jensen and a colleague at the University of Chicago, Dr. Geoffrey Greene, could be used to determine the extent of estrogen receptors in breast and other cancers. That test became a standard part of care for breast cancer patients.

Scientists like Dr. Pierre Chambon and Dr. Ronald M. Evans, who shared the 2004 Lasker prize with Dr. Jensen, went on to show that many types of receptors exist. The receptors are crucial components of the cell’s control system and transmit signals in an array of vital functions, from the development of organs in the womb to the control of fat cells and the regulation of cholesterol.

Dr. Jensen’s work also led to the development of drugs that can enhance or inhibit the effects of hormones. Such drugs are used to treat prostate and other cancers.

Elwood Vernon Jensen was born in Fargo, N.D., on Jan. 13, 1920, to Eli and Vera Morris Jensen. He majored in chemistry at what was then Wittenberg College in Springfield, Ohio, and had begun graduate training in organic chemistry at the University of Chicago when World War II began.

Dr. Jensen wanted to join the Army Air Forces, but his poor vision kept him from becoming a pilot. During the war he synthesized poison gases at the University of Chicago, exposure to which twice put him in the hospital. His work on toxic chemicals, he said, inspired him to pursue biology and medicine.

Dr. Jensen studied steroid hormone chemistry at the Swiss Federal Institute of Technology on a Guggenheim Fellowship after the war. While there, he climbed the Matterhorn, one of the highest peaks in the Alps, even though he had no mountaineering experience. He often equated his successful research to the novel approach taken by Edward Whymper, the first mountaineer to reach the Matterhorn’s summit. Mr. Whymper went against conventional wisdom and scaled the mountain’s Swiss face, after twice failing to reach the summit on the Italian side.

Dr. Jensen joined the University of Chicago as an assistant professor of surgery in 1947, working closely with the Nobel laureate Charles Huggins. He became an original member of the research team at the Ben May Laboratory for Cancer Research (now the Ben May Department for Cancer Research) in 1951, and became the director after Dr. Huggins stepped down.

He came to work at the University of Cincinnati in 2002, and continued to do research there until last year.

His first wife, the former Mary Collette, died in 1982. In addition to his son, Dr. Jensen is survived by his second wife, the former Hiltrud Herborg; a daughter, Karen C. Jensen; a sister, Margaret Brennan; two grandchildren; and three great-grandchildren.

Dr. Jensen’s wife was found to have breast cancer in 2005. She had the tumor removed, he said in an interview, but tested positive for the estrogen receptor and was successfully treated with a medication that prevents estrogen synthesis.

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Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

ROAD TO RECALL: Read The Times' award winning coverage

In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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How ‘Doctor Who’ Kept Its Big Christmas Secret Off Twitter

Tonight Doctor Who fans get to gorge on their annual Christmas fix — a full-length special episode the series has produced every year for the holiday since 2005. This time, however, there’s some extra spice in the form of a new regular cast member: Jenna-Louise Coleman debuts in “The Snowmen” as the Doctor’s next companion.

Except it’s not her debut. Coleman actually made her first appearance in the series premiere back in September. Actually, make that surprise appearance. In preseason interviews, Doctor Who‘s producers had explicitly told fans they’d have to wait until Christmas before they’d see Coleman in the show.

[More from Mashable: Top 10 Twitter Pics of the Week]

But there she was, fighting Daleks and making soufflés, way ahead of schedule. This was unheard of for the series, which has seen major plotlines leak online — usually months before broadcast — several times over the past few years. The show had gotten to the point where it would simply announce any major developments far in advance in order to get ahead of the spoiler hunters.

Yet somehow the show’s producers kept Coleman’s early debut a secret — a feat made even more challenging since there were several preview screenings of the episode, each attended by hundreds of rabid fans, all carrying smartphones. How did Doctor Who keep every single one of them from tweeting about it?

[More from Mashable: How Music Ruled Twitter in 2012]

“I asked. That’s it,” says Steven Moffat, Doctor Who‘s current showrunner. “I don’t think anyone thought it would work. I certainly didn’t. At the London premiere, I just stood up and said, ‘Please, nobody, no fan, no newspaper — nobody at all — mention that she’s in it. And to my surprise it worked.”

Moffat says the idea of misleading the audience about when Coleman would debut “grew” as he was writing the current series. But it almost didn’t happen since others at the BBC wanted to get ahead of the news and announce her presence at the first preview screening. Moffat, however, was convinced (rightly, it turns out) that he could persuade the fans and journalists in attendance to guard the secret.

“They tried to talk me out of it at the last minute,” he says. “And it did involve a lot of charming journalists and saying ‘Please don’t…’ It was the polite embargo, really. We couldn’t really embargo it. And I was always clear, ‘There is no punishment here. You don’t get blacklisted — I’m just asking, and the show will be better if you keep this secret.’ And they did.”

But did really not a single person on fire off a quick tweet about Coleman being on the show? It appears so. Although Twitter doesn’t offer a way to search tweets within a specific date range, searching the Twitter domain on Google during the month of August (the series premiered on Sept. 1) for her name reveals just regular promotion for the show.

“You can get a long way just by asking politely,” says Moffat. “Who knew that’s all you had to do? What’s remarkable about it is not one single person broke. And I really didn’t think that was going to work, because if any website had broken it — if any forum had broken it — the press would have just leapt in. They would have felt no further need for restraint. But they didn’t.”

Now Coleman makes her “proper” debut in the Christmas special, but is she playing the same character as before (who was — spoiler alert — abruptly killed off), or someone different? Moffat’s already told fans not to expect any great explanations under the tree. What’s going on with Coleman’s character (characters?) won’t be fully revealed until the series returns in the New Year.

But who knows? Maybe that’s another mislead.

Will you be watching Doctor Who tonight? Does the show still surprise you? Share your thoughts in the comments.

Doctor Who Returns

Matt Smith (The Doctor) and Karen Gillan (Amy Pond) attended a special screening of the premiere of Doctor Who Series 7 at New York City’s Ziegfeld Theater. The episode, “Asylum of the Daleks,” debuts on BBC America on Sept. 1.

Click here to view this gallery.

This story originally published on Mashable here.

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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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Recipes for Health: Penne With Mushroom Ragout and Spinach

Andrew Scrivani for The New York Times

Penne with mushroom ragout and spinach.

​​Mushrooms and spinach together is always a match made in heaven. I use a mix of wild and regular white or cremini mushrooms for this, but don’t hesitate to make it if regular mushrooms are all that is available.

 

1/2 ounce (about 1/2 cup) dried porcini mushrooms

2 tablespoons extra virgin olive oil

1/2 medium onion or 2 shallots, chopped

2 garlic cloves, minced

1 pound mixed regular and wild mushrooms or 1 pound regular white or cremini mushrooms, trimmed and cut in thick slices (or torn into smaller pieces, depending on the type of mushroom)

Salt and freshly ground pepper

1/4 cup fruity red wine, such as a Côtes du Rhone or Côtes du Luberon

2 teaspoons chopped fresh thyme or a combination of thyme and rosemary

6 ounces baby spinach or 12 ounces bunch spinach (1 bunch), stemmed and thoroughly cleaned

3/4 pound penne

Freshly grated Parmesan to taste

 

1. Place the dried mushrooms in a Pyrex measuring cup and pour on 2 cups boiling water. Let soak 30 minutes, while you prepare the other ingredients. Place a strainer over a bowl, line it with cheesecloth or paper towels, and drain the mushrooms. Squeeze the mushrooms over the strainer to extract all the flavorful juices. Then rinse the mushrooms, away from the bowl with the soaking liquid, until they are free of sand. Squeeze dry and set aside. If very large, chop coarsely. Measure out 1 cup of the soaking liquid and set aside.

2. Heat the olive oil in a large, heavy, nonstick skillet over medium heat and add the onion or shallots. Cook, stirring often, until tender, about 5 minutes. Turn up the heat to medium-high and add the fresh mushrooms. Cook, stirring often, until they begin to soften and sweat, about 5 minutes. Add the garlic and salt to taste, stir together for about 30 seconds, then add the reconstituted dried mushrooms and the wine and turn the heat to high. Cook, stirring, until the liquid boils down and glazes the mushrooms. Add the herbs and the mushroom soaking liquid. Bring to a simmer, add salt to taste, and cook over medium-high heat, stirring often, until the mushrooms are thoroughly tender and fragrant. Turn off the heat, stir in some freshly ground pepper, taste and adjust salt.

3. Bring a large pot of water to a boil and salt generously. Fill a bowl with ice water. Add the spinach to the boiling water and blanch for 20 seconds only. Remove with a skimmer and transfer to the ice water, then drain and squeeze out water. Chop coarsely and add to the mushrooms. Reheat gently over low heat.

4. Bring the water back to a boil and cook the pasta al dente following the timing suggestions on the package. If there is not much broth in the pan with the mushrooms and spinach, add a ladleful of pasta water. Drain the pasta, toss with the mushrooms and spinach, add Parmesan to taste, and serve at once.

Yield: Serves 4

Advance preparation: The mushroom ragout will keep for 3 or 4 days in the refrigerator and tastes even better the day after you make it.

Nutritional information per serving: 437 calories; 9 grams fat; 1 gram saturated fat; 2 grams polyunsaturated fat; 5 grams monounsaturated fat; 0 milligrams cholesterol; 73 grams carbohydrates; 5 grams dietary fiber; 48 milligrams sodium (does not include salt to taste or Parmesan); 17 grams protein

​

Up Next: Spinach Gnocchi

 

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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