Toyota agrees to settle acceleration cases for over $1 billion













A Toyota Logo is pictured on a Prius car at a Toyota dealership in west London


A Toyota Logo is pictured on a Prius car at a Toyota dealership in west London
(Toby Melville Reuters, REUTERS / December 26, 2012)



























































DETROIT (Reuters) - Toyota Motor Corp has agreed to pay as much as $1.4 billion to settle U.S. litigation claims that its vehicles suddenly and unintentionally accelerated, according to court filings made public Wednesday.

Toyota said it will take a one-time pre-tax charge of $1.1 billion to cover the estimated costs of the settlement.

Hagens Berman, the law firm representing Toyota owners who brought the case in 2010, said in a press release the settlement was valued between $1.2 billion and $1.4 billion. In a plaintiff memo filed in court, the firm estimated that the total package was "conservatively valued" at more than $1.3 billion.

The deal amounts to "a landmark, if not a record, settlement in automobile defect class action litigation in the United States," according to the plaintiff memo. Toyota described the settlement as a "significant step forward" for the Japanese automaker, which has seen its image take a hit from the controversy.

The settlement, which must be approved by a California federal judge, includes direct payments to customers as well as the installation of a brake override system in about 3.25 million vehicles, plaintiff attorneys said.

The terms include a $250 million fund for former Toyota owners who sold vehicles at reduced prices because of bad publicity, and a separate $250 million fund for owners not eligible for the brake override system.

Plaintiff attorneys are slated to receive up to $200 million in fees and $27 million in costs, according to court documents.

(Reporting by Deepa Seetharaman and Bernie Woodall; additional reporting by Dan Levine and Jonathan Stempel; Editing by Dan Grebler and Cynthia Osterman)


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NY man who shot firefighters: Killing 'what I like doing best'










NEW YORK (Reuters) - A gunman who killed two volunteer firefighters and wounded two others in a Christmas Eve ambush in upstate New York left a typewritten note saying he planned to burn down his neighborhood and start "killing people," authorities said on Tuesday.

The gunman, William Spengler, 62, opened fire on volunteer firefighters who responded to a house fire he deliberately set early on Monday morning in Webster, New York, a suburb of Rochester, authorities said.






Spengler shot and killed himself in an ensuing gunfight with police. He had spent 17 years in prison for beating his 92-year-old grandmother to death with a hammer in 1981, authorities said.

Police said Spengler set the fire, laying a trap for the firefighters, and began shooting when they arrived.

He left a typewritten note describing his intent, Webster Police Chief Gerald Pickering said at a televised news conference.

"I still have to get ready to see how much of the neighborhood I can burn down and do what I like doing best, killing people," Pickering read from the gunman's statement.

Investigators had found human remains in Spengler's burned-out house, where he lived with his sister, Cheryl Spengler, 67, Pickering said. The remains are assumed to be the sister's and a medical examiner will determine the cause of death.

"A CLEAR AMBUSH"

Spengler started shooting at the arriving firefighters before they got out of their fire truck, Pickering said. He shot out the truck's windshield as they tried to drive away, he said.

"This was a clear ambush on first responders," Pickering said. Police fired back at the gunman, he said. "It was a combat condition. They were shooting at muzzle flash," Pickering said.

Spengler was in a natural depression in an embankment near a tree when he opened fire, he said.

His motive for attacking firefighters remained unknown, Pickering said. It may have been related to contributions his mother had made to the local fire department, he said.

Pickering said he was not sure what the victims were shot with, but said Spengler had an "arsenal of ammunition" and three weapons - a Smith & Wesson .38 caliber revolver, a pump-action Mossberg shotgun, and a .223 Bushmaster rifle with a flash suppressor.

The same model Bushmaster rifle was used in the killing of 20 students and six teachers in Newtown, Connecticut, on December 14.

Authorities with the Bureau of Alcohol, Tobacco, Firearms and Explosives were checking on the origin of the weapons, he said.

As a convicted felon, Spengler could not legally own guns. Pickering said authorities were examining potential links between the weapons and thefts of guns in the county.

The firefighters killed in the attack were Lieutenant Michael Chiapperini and Tomasz Kaczowka, authorities said.

The injured firefighters were identified as Joseph Hofsetter and Theodore Scardino. Both men were listed in guarded condition at Strong Memorial Hospital in Rochester.

An off-duty police officer was wounded by shrapnel as he drove past the scene. The officer was treated at a hospital and released.

Seven homes in the neighborhood were destroyed by the fire, and two were uninhabitable, Pickering said.

(Reporting by Ian Simpson; Editing by Ellen Wulfhorst, Dan Grebler, Steve Orlofsky and Leslie Gevirtz)

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China may require real name registration for internet access


BEIJING (Reuters) - China may require internet users to register with their real names when signing up to network providers, state media said on Tuesday, extending a policy already in force with microblogs in a bid to curb what officials call rumors and vulgarity.


A law being discussed this week would mean people would have to present their government-issued identity cards when signing contracts for fixed line and mobile internet access, state-run newspapers said.


"The law should escort the development of the internet to protect people's interest," Communist Party mouthpiece the People's Daily said in a front page commentary, echoing similar calls carried in state media over the past week.


"Only that way can our internet be healthier, more cultured and safer."


Many users say the restrictions are clearly aimed at further muzzling the often scathing, raucous - and perhaps most significantly, anonymous - online chatter in a country where the Internet offers a rare opportunity for open debate.


It could also prevent people from exposing corruption online if they fear retribution from officials, said some users.


It was unclear how the rules would be different from existing regulations as state media has provided only vague details and in practice customers have long had to present identity papers when signing contracts with internet providers.


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


The government says such a system is needed to prevent people making malicious and anonymous accusations online and that many other countries already have such rules.


"It would also be the biggest step backwards since 1989," wrote one indignant Weibo user, in apparent reference to the 1989 pro-democracy protests bloodily suppressed by the army.


Chinese internet users have long had to cope with extensive censorship, especially over politically sensitive topics like human rights, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.


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


(Reporting by Ben Blanchard and Huang Yan; Editing by Michael Perry)



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Lakers beat Knicks 100-94 to get to .500


LOS ANGELES (AP) — Kobe Bryant engineered a second-half comeback, helping the Los Angeles beat the New York Knicks 100-94 on Tuesday and extend the Lakers' winning streak to five games while lifting them to .500.


Bryant scored 34 points in his NBA-record 15th Christmas Day game and Metta World Peace added 20 points and seven rebounds while defending Carmelo Anthony, whose 34 points led the Knicks. Bryant, the league's leading scorer, has topped 30 or more points in nine straight games.


The Lakers improved to 14-14 — 9-9 under new coach Mike D'Antoni — and upped their holiday record to 21-18, including 13-9 at home.


The Knicks controlled most of the game behind Anthony and J.R. Smith, who had 24 points. But they struggled offensively in the fourth, when Anthony was limited to seven points and Smith had five.


Smith's 3-pointer pulled New York to 96-94. After Pau Gasol made one of two free throws, Smith missed another 3 that would have tied the game at 97 with 32 seconds left.


Gasol dunked with 12 seconds to go, punctuating a win that sent Lakers fans, frustrated by the team's struggles and coaching change, home happy. The Lakers avenged a 116-107 loss in New York on Dec. 13.


Steve Nash had 16 points, 11 assists and six rebounds in his second game in nearly two months. He missed 24 straight games while recovering from a small fracture in his lower left leg. Dwight Howard had 14 points and 12 rebounds, and Gasol had 13 points and eight rebounds.


Bryant had eight of the Lakers' first 10 points to open the fourth during a run that provided their first lead since the opening quarter in a game matching the two teams that have played the most on Christmas Day.


They took the lead for good on Bryant's basket with 7:38 remaining. Anthony and Tyson Chandler were in foul trouble in the fourth, with Chandler fouling out late.


The Knicks opened the third on a 15-5 run, with Anthony setting up on the perimeter and hitting two 3-pointers as part of his 10 points that stretched their lead to 61-53. His jumper provided the Knicks' largest lead of the game, 69-60.


Bryant and Nash ignited the quiet atmosphere by leading a 17-9 run that drew the Lakers to 78-77 going into the fourth. They combined to score 15 points, although Bryant missed two free throws to end the third that would have given the Lakers their first lead since early in the game. The Knicks' earlier roll dissolved in missed shots and a technical on Chandler for arguing a call.


World Peace scored 16 points in the second quarter, including eight in a row, when the Lakers played catch-up most of the way. His 3-pointer gave the Lakers their first lead of the period with 1:10 remaining. Smith tied it up with a free throw before Nash's jumper sent the Lakers into halftime leading 51-49.


Bryant scored the Lakers' final nine points of the first quarter to give them a 25-23 lead. D'Antoni's plan of having Darius Morris guard Anthony didn't last long after he scored five of the Knicks' first seven points.


NOTES: Bryant surpassed Oscar Robertson as the league's all-time Christmas Day scorer with 383 points. Robertson had 377. ... Knicks F/C Amare Stoudemire shot some before the game. He's been out all season after left knee surgery. ... ... Knicks C Marcus Camby had four points and four rebounds in 8 minutes. He's been sidelined by a sore left foot and barely played this season. ... Asked about Bryant as an MVP candidate, D'Antoni said, "You can't put anybody MVP if you're below .500." ... In their only other Christmas Day meeting in 1963, the Lakers beat the Knicks 134-126 behind 47 points by Jerry West and 27 from Elgin Baylor. ... Several Lakers had unopened gift bags in their lockers with the tag, "From Kobe Merry Xmas 2012." ... The Lakers were all in white, while the Knicks were all in orange down to their socks in a color similar to Syracuse. ... Howard spent time before the game explaining to his teammates a snake chant he wanted them to do during Bryant's pre-game introduction, in honor of his "Mamba" nickname. ... Among the celebs holidaying at Staples Center were Rihanna and Chris Brown, Adam Levine, Samuel L. Jackson, George Lopez and Richard Lewis. Vanessa Bryant and her two young daughters sat courtside opposite the Lakers bench.


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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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Predicting who's at risk for violence isn't easy


CHICAGO (AP) — It happened after Columbine, Virginia Tech, Aurora, Colo., and now Sandy Hook: People figure there surely were signs of impending violence. But experts say predicting who will be the next mass shooter is virtually impossible — partly because as commonplace as these calamities seem, they are relatively rare crimes.


Still, a combination of risk factors in troubled kids or adults including drug use and easy access to guns can increase the likelihood of violence, experts say.


But warning signs "only become crystal clear in the aftermath, said James Alan Fox, a Northeastern University criminology professor who has studied and written about mass killings.


"They're yellow flags. They only become red flags once the blood is spilled," he said.


Whether 20-year-old Adam Lanza, who used his mother's guns to kill her and then 20 children and six adults at their Connecticut school, made any hints about his plans isn't publicly known.


Fox said that sometimes, in the days, weeks or months preceding their crimes, mass murderers voice threats, or hints, either verbally or in writing, things like "'don't come to school tomorrow,'" or "'they're going to be sorry for mistreating me.'" Some prepare by target practicing, and plan their clothing "as well as their arsenal." (Police said Lanza went to shooting ranges with his mother in the past but not in the last six months.)


Although words might indicate a grudge, they don't necessarily mean violence will follow. And, of course, most who threaten never act, Fox said.


Even so, experts say threats of violence from troubled teens and young adults should be taken seriously and parents should attempt to get them a mental health evaluation and treatment if needed.


"In general, the police are unlikely to be able to do anything unless and until a crime has been committed," said Dr. Paul Appelbaum, a Columbia University professor of psychiatry, medicine and law. "Calling the police to confront a troubled teen has often led to tragedy."


The American Academy of Child & Adolescent Psychiatry says violent behavior should not be dismissed as "just a phase they're going through."


In a guidelines for families, the academy lists several risk factors for violence, including:


—Previous violent or aggressive behavior


—Being a victim of physical or sexual abuse


—Guns in the home


—Use of drugs or alcohol


—Brain damage from a head injury


Those with several of these risk factors should be evaluated by a mental health expert if they also show certain behaviors, including intense anger, frequent temper outbursts, extreme irritability or impulsiveness, the academy says. They may be more likely than others to become violent, although that doesn't mean they're at risk for the kind of violence that happened in Newtown, Conn.


Lanza, the Connecticut shooter, was socially withdrawn and awkward, and has been said to have had Asperger's disorder, a mild form of autism that has no clear connection with violence.


Autism experts and advocacy groups have complained that Asperger's is being unfairly blamed for the shootings, and say people with the disorder are much more likely to be victims of bullying and violence by others.


According to a research review published this year in Annals of General Psychiatry, most people with Asperger's who commit violent crimes have serious, often undiagnosed mental problems. That includes bipolar disorder, depression and personality disorders. It's not publicly known if Lanza had any of these, which in severe cases can include delusions and other psychotic symptoms.


Young adulthood is when psychotic illnesses typically emerge, and Appelbaum said there are several signs that a troubled teen or young adult might be heading in that direction: isolating themselves from friends and peers, spending long periods alone in their rooms, plummeting grades if they're still in school and expressing disturbing thoughts or fears that others are trying to hurt them.


Appelbaum said the most agonizing calls he gets are from parents whose children are descending into severe mental illness but who deny they are sick and refuse to go for treatment.


And in the case of adults, forcing them into treatment is difficult and dependent on laws that vary by state.


All states have laws that allow some form of court-ordered treatment, typically in a hospital for people considered a danger to themselves or others. Connecticut is among a handful with no option for court-ordered treatment in a less restrictive community setting, said Kristina Ragosta, an attorney with the Treatment Advocacy Center, a national group that advocates better access to mental health treatment.


Lanza's medical records haven't been publicly disclosed and authorities haven't said if it is known what type of treatment his family may have sought for him. Lanza killed himself at the school.


Jennifer Hoff of Mission Viejo, Calif. has a 19-year-old bipolar son who has had hallucinations, delusions and violent behavior for years. When he was younger and threatened to harm himself, she'd call 911 and leave the door unlocked for paramedics, who'd take him to a hospital for inpatient mental care.


Now that he's an adult, she said he has refused medication, left home, and authorities have indicated he can't be forced into treatment unless he harms himself — or commits a violent crime and is imprisoned. Hoff thinks prison is where he's headed — he's in jail, charged in an unarmed bank robbery.


___


Online:


American Academy of Child & Adolescent Psychiatry: http://www.aacap.org


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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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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Rumored iPad 5 to be thinner















































That iPad 3 you got last March? Forget it. It's like the eight-track tape  of tablets. (Kids: Ask your parents what that means.) Even that iPad 4 you're about to unwrap Christmas morning that you think is so darn new is about to become yesterday's news. 


At least, that is, if the latest iPad rumors are true. According to the Japanese blog Macotakara, the next iPad is due to hit in March. At which time, all previous versions of the iPad will feel like bricks.


QUIZ: What set the Internet on fire in 2012? 








The site reports that the fifth version of the iPad will be thinner and lighter than the last iPad. For those of you hoping that Apple's next version of the iPad would be heavier and clunkier, this is no doubt crushing news.


For the rest of the planet, however, this is pretty much what you'd expect from Apple. Macotakara says its sources say the next iPad will be 2 millimeters thinner and 17 millimeters narrower. 


If true, it marks a continuation of the accelerated product update cycle that kicked into gear this past year under Apple CEO Tim Cook. 


According to 9to5Mac.com, if the dimensions are correct, "The new supposed thinness would mean the next iPad is nearly as thin as the 7.2mm thin iPad mini."


Speaking of the Mini, Macotakara reports that Apple is cooking up a retina screen for the next iPad mini. 


Here's the real thing iPad owners need to fear: How long will Apple continue to support those older iPads? It already doesn't let owners of the first iPad download new versions of iOS. 


ALSO: 


Yelp's new weapon against fake reviews: User alerts


Google Maps returns to iPhone; iPad app coming soon


Scam watch: Fake news sites, smartphone viruses, BBB scam stopper


Follow me on Twitter @obrien.






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Police: NY gunman set 'trap' for firefighters












An ex-con gunned down two firefighters after luring them to his neighborhood by setting a car and a house ablaze early Monday, then took shots at police and committed suicide while several homes burned.


Authorities used an armored vehicle to help residents flee dozens of homes on the shore of Lake Ontario a day before Christmas. Police restricted access to the neighborhood, and officials said it was unclear whether there were other bodies in the seven houses left to burn.











The gunman's sister, who lived with him, was unaccounted for. The gunman's motive was unknown.


William Spengler fired at the four firefighters when they arrived shortly after 5:30 a.m. at the blaze in Webster, a suburb of Rochester, town police Chief Gerald Pickering said. The first police officer who arrived chased the gunman and exchanged shots.


Spengler lay in wait outdoors for the firefighters' arrival, then opened fire probably with a rifle and from atop an earthen berm, Pickering said.


"It does appear it was a trap," he said.


Spengler had served more than 17 years in prison for beating his 92-year-old paternal grandmother to death with a hammer in 1980 at the house next to where Monday's attack happened, Pickering said. Spengler, 62, was paroled in 1998 and had led a quiet life since, authorities said. Convicted felons are not allowed to possess weapons.


Two firefighters, one of whom also was a town police lieutenant, died at the scene, and two others were hospitalized. An off-duty officer who was passing by also was injured.


Another police officer, the one who exchanged gunfire with Spengler, "in all likelihood saved many lives," Pickering said.


Emergency radio communications capture someone saying he "could see the muzzle flash coming at me" as Spengler carried out his ambush. The audio posted on the website RadioReference.com has someone reporting "firefighters are down" and saying "got to be rifle or shotgun — high powered ... semi or fully auto."


Spengler lived in the house with his sister, Cheryl Spengler, and his mother, Arline Spengler, who died in October. He had originally been charged with murder in connection with grandmother Rose Spengler's death but pleaded guilty to a reduced charge of manslaughter.


A friend said William Spengler didn't seem violent but hated his sister. Roger Vercruysse lived next door to Spengler and recalled a man who doted on his mother, whose obituary suggested contributions to the West Webster Fire Department.


"He loved his mama to death," said Vercruysse, who last saw his friend about six months ago. "I think after his mama passed, he went crazy."


Vercruysse also said Spengler "couldn't stand his sister" and "stayed on one side of the house and she stayed on the other."


The West Webster Fire District learned of the fire early Monday after a report of a car and house on fire on Lake Road, on a narrow peninsula where Irondequoit Bay meets Lake Ontario, Monroe County Sheriff Patrick O'Flynn said.


The fire appeared from a distance as a pulsating ball of flame glowing against the early morning sky, flames licking into treetops and reflecting on the water, with huge bursts of smoke billowing away in a brisk wind.


Two of the firefighters arrived on a fire engine and two in their own vehicles, Pickering said. After Spengler fired, one of the wounded men fled, but the other three couldn't because of flying gunfire.


A police armored vehicle was used to recover two men, and eventually it removed 33 people from nearby homes, the police chief said. The gunfire initially kept firefighters from battling the blazes.


The dead men were identified as police Lt. Michael Chiapperini, 43, the Webster Police Department's public information officer; and 19-year-old Tomasz Kaczowka, also a 911 dispatcher.


Pickering described Chiapperini as a "lifetime firefighter" with nearly 20 years in the department, and he called Kaczowka a "tremendous young man."





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Instagram furor triggers first class action lawsuit


SAN FRANCISCO (Reuters) - Facebook's Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.


"We believe this complaint is without merit and we will fight it vigorously," Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying "that we may not always identify paid services, sponsored content, or commercial communications as such." It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram's terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


"In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us,'" the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


"Hopefully, Instagram will learn from that experience and refrain from removing privacy settings," Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)



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