Englewood shooting victim dies

An afternoon shooting in the Englewood neighborhood has left a man dead on a day in which at least 10 people have been shot since 12 a.m., according to authorities.

At 3:10 p.m. someone shot a male victim multiple times in the abdomen in the 5500 block of South Loomis Boulevard, News Affairs Officer Daniel O’Brien said.

The victim, a man in his 20s, was taken from the scene of the shooting in the Englewood neighborhood to John H. Stroger Jr. Hospital of Cook County, where he was pronounced dead at 3:52 p.m., according to the Cook County medical examiner's office.

Saturday night about 8:30 p.m., a male was shot in the West Town neighborhood, police said.

The male, whose age and condition were not immediately released, was taken from the 1800 block of West Maypole Avenue to Stroger with a gunshot wound to the buttocks.

About 7:10 p.m., two men were injured in a shooting in the 5100 block of West Oakdale Avenue, O'Brien said.

A 25-year-old man was taken in critical condition to Advocate Illinois Masonic Medical Center with a gunshot wound to the back, O'Brien said. A 21-year-old man was taken to the same hospital in good condition with a gunshot wound to the wrist, O'Brien said.

The shooting happened in the Cragin neighborhood on the Northwest Side.

Late Saturday morning, a shooting in the Back of the Yards neighborhood left another victim shot in the abdomen and seriously wounded.

Someone shot the male in the abdomen at 11:48 a.m. in the 4500 block of South Marshfield Avenue, according to Chicago Police Department News Affairs Officer Michael Sullivan.

He was taken to John H. Stroger, Jr. Hospital of Cook County in serious condition, Sullivan said.

The circumstances surrounding the shooting were not known immediately but Sullivan said no one was arrested.

Earlier Saturday, four people were shot in two separate incidents before the sun rose, and a fifth man was killed in a West Side shooting.

chicagobreaking@tribune.com

Twitter: @ChicagoBreaking

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We Salute the First Baby Senator

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:

RELATED: Claire McCaskill and How to Attack the Opponent You’re Rooting For

Here’s our suggestion to improve the (already pretty hilarious) swearing-in process for U.S. Senators: Each new member of Congress must bring a cute baby.

RELATED: Rand Paul Doesn’t Want You to Go to Jail for Smoking Pot

RELATED: Larry David’s Two-Minute Guide to Etiquette

Apparently the BBC has decided to market a line of lunch boxes specifically made for hungry polar bears. They are still working out the kinks: 

RELATED: Homer Simpson, Fox News Pundit; Books After Dark

RELATED: Bo Obama Stays On Message; Sarah Palin Can See HBO in Her House

The Golden Globes will be bittersweet this year. Don’t get us wrong — we’re really excited to watch Amy Poehler and Tina Fey entertain us. But we’ll also be also really sad when this thing is over because it means the end of these promos:

And finally, it’s Friday. And it’s time to dance. Enjoy your weekend. 

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Despite New Health Law, Some See Sharp Rise in Premiums

Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.

Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.

Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.

In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.

 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.

The proposed increases compare with about 4 percent for families with employer-based policies.

Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.

The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.

New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.

The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.

Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.

“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.

While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.

The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.

Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.

“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.

Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.

“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.

As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.

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'Ones to Watch' in 2013

Tom Ricketts will try to finally clinch a deal to improve Wrigley Field with some taxpayer support.

Andrew Mason will fight for his legacy, and his job, at Groupon.

And Lewis Campbell hopes to turn around Navistar to the point that his services are no longer needed.

Tribune editors and reporters identified some of the Chicago business executives most likely to make news in 2013. Here are the "Ones to Watch."

Tom Ricketts

Title: Chairman, Chicago Cubs

Why we're watching: Expect City Hall to cut a deal with the Ricketts family, owner of the Cubs, in 2013 to help finance a $300 million renovation of Wrigley Field.

No one's talking specifics. Ricketts last proposed using $150 million of city amusement tax revenue to help pay for it. He would raise the remaining $150 million by extracting additional revenue from relaxed rules on advertising and concerts at the ballpark.

But that level of public subsidy is entirely off the table, according to a source close to the team. Asked whether Ricketts would accept less taxpayer assistance in exchange for greater freedom from historic preservation and other regulations, he said "probably," but that my description of the trade-off was "oversimplified."

"We have to compete against rooftops every day that … undercut us on price," Ricketts said. "We have limits on what we can do to our stadium and inside our stadium. We have limits on what time we can hold games and when we can host events. Our position is: Let us run our business. And if we can do that, we can unlock a lot of economic potential."

The Lake View Citizens' Council reportedly is open to more night games and concerts in exchange for contributions from the Cubs to community projects and traffic- and parking-related protections. Still, Ald. Tom Tunney, whose district includes Wrigley, said he opposes a Cubs request to open Sheffield Avenue for "family-fun entertainment" during games, among other issues.

"There will be some decisions made on a community level, on a zoning level," said Tunney, who called 2013 a "pivotal" year for the team. "As for the public financing, that's bigger than me."

Ricketts said he had not spoken in the past six months with either Mayor Rahm Emanuel or the city's chief financial officer, Lois Scott. "Our teams talk to each other," Ricketts said. "And that's not necessarily unusual. It's not like we can just not talk to the city. But no matter when or what a final deal looks like, everyone has got incentives to get that done in 2013."

Andrew Mason

Title: Founder and CEO, Groupon

Why we're watching: One year from now, will Mason still be CEO of Groupon?

In November, within days of a tech conference and a company board meeting, a source close to Groupon's board anonymously suggested to an influential tech journalist that the board might fire Mason at its meeting.

If the leaker had been Groupon chairman Eric Lefkofsky, Mason would have been out of a job by now.

Mason's future hinges on his relationship with Lefkofsky. In addition to being Mason's boss, Lefkofsky is the daily deal company's largest shareholder. He also gave Mason $1 million to launch the company.

And Mason always has spoken of Lefkofsky with reverence and affection. At the height of Groupon's euphoria, he shared credit with the veteran entrepreneur at every turn, telling me in 2010: "Eric's creative and unbelievably smart and if I'd never met him, I'd never been able to be the CEO of a lemonade stand."

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Escapee's mother: 'I'm glad it's over'

Chicago Tribune reporter Jason Meisner on the recent arrest of Kenneth Conley, a convicted bank robber who escaped from federal jail in December. (Posted on: Jan. 4, 2013.)

The second inmate who made a daring escape last month from a high-rise federal jail in the South Loop was captured today in south suburban Palos Hills, according to FBI officials.

Kenneth Conley, a convicted bank robber, was awaiting sentencing when he and cellmate Joseph “Jose” Banks scaled about 15 floors down the Metropolitan Correctional Center on Dec. 18 with a rope fashioned from bedsheets.

FBI Spokeswoman Joan Hyde said Conley was apprehended at an apartment complex at about 4 p.m. by Palos Hills police.

Palos Hills Police Deputy Chief James Boie said officers apprehended Conley with the help of two maintenance men working at an apartment complex in the 10200 block of South 86th Terrace, who called police at about 3:30 p.m. to report a “suspicious person.''

In 2004, Conley used to live on another street of the Scenic Tree complex where police were initially called, Boie said.

At least two officers who had been checking out the complaint were talking with the building maintenance workers in the basement of the building on 86th Terrace but did not find Conley. 

As they were leaving, they saw their lieutenant outside on the street about a half a block away, involved in a dispute with Conley, who’d been walking eastbound, Boie said.

Conley was dressed in an overcoat, pretending to use a cane and was wearing glasses. He had a dark hat pulled down low over his head and appeared to be trying to look older than he actually was, Boie said.

“Our officers stopped to talk to him and he said he was just visiting,” Boie said. “He gave them a phony name, and while they’re trying to run the information, he got wise that they were going to figure it out and he pushed one of the officers down and took off running.”

Before fleeing, Conley slugged the lieutenant, a 30-year department veteran, and the lieutenant had injuries including a possible torn hamstring. Boie said the lieutenant was taken to Palos Community Hospital for treatment.

Boie said two additional officers responding to the scene caught the man -- later identified as Conley -- about a block away as he was trying to force his way into an apartment at the complex.

He was wrestled down but did not offer any other resistance. Conley was also taken to Palos Community Hospital for observation, according to Boie.

When police were called about the suspicious person, the lieutenant, a sergeant and an officer initially went to check it out, said police Chief Paul J. Madigan.

When Conley could not provide identification the struggle broke out, with Conley taking a swing at one of the officers before fleeing into one of the buildings, Madigan said.

Conley was finally apprehended when he tried to break into someone’s apartment, Madigan said.

Conley told police he injured his arm during the struggle.  He remains in the custody of federal authorities, Madigan said.

The multi-unit complex is made up of clusters of 2-story, brick buildings, with a wooded area behind it.

Police found a BB pistol in Conley’s pocket. He had no money, ID or other weapons, Boie said.

Boie said that U.S. Marshals had been in the area days earlier after getting a tip that Conley had knocked on the door of a former acquaintance.

Boie said Conley was known to the police because he’d had multiple resisting and obstructing arrests in 2004. Even still, they were surprised when they realized who they’d just arrested.

“I’m sure they were a little surprised that they had the guy standing in front of him,’’ Boie said.

As far as what happens next, Boie said it was not up to their department.

“It’s been turned over to the FBI and I’m sure the next move is theirs,’’ Boie said.

Boie said Conley was charged with two misdemeanor counts of battery and resisting arrest for today’s incident.

Conley’s mother, Sandra, answered the phone at her Tinley Park home this evening and said she had heard of her son’s arrest but had no details or comment.

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The Death of E-Readers Is All Your Fault

So there’s a reading gadget and a reading gadget with Angry Birds Star Wars. Which do you pick? Well, you, cultured person that you are, would select the dedicated e-reader, of course, just like you would rather watch Frontline instead of Honey Boo Boo, or pick up Vanity Fair instead of Us Weekly on the checkout line. Or at least that’s what the ideal version of yourself would do. But as Amazon and Barnes & Noble are quickly discovering this year, the highbrow ideal all too often gives way to the mass-market realities. Sales of the Kindle and especially the Nook fell this holiday season, despite lower prices than more fully functioning tablets, which are distinctly on the rise. And market researchers estimate that these divergent paths will continue — The Wall Street Journal reports that e-readers sales will be cut in half, from 14.9 million per year to just 7.8 million, by 2015. But the death of the e-reader has less to do with the iPad than what’s inside of it: from tablets to TV shows and everything in between, the most high-minded of ideas for cultural consumption always seem to devolve toward mindless entertainment.

RELATED: Gordon Brown Predicts the Future; Cormac McCarthy Doesn’t Tweet

Take Bravo, the once completely enlightened — and completely failing — network that, like Arts & Entertainment and The Learning Channel before they became A&E and TLC, once devoted itself to being a slightly less boring knockoff of PBS. In 1985, five years after its founding, The New York Times‘s Steve Schneider described Bravo’s success, measured then by its 350,000 subscribers, as follows: 

What has kept things afloat for the past five years has been an evolving mix of cultural programming. Nowadays, a spokesman said, approximately 70 percent of the premium service’s schedule is devoted to films, nearly all of which are either from abroad, from the fringes of American production or from times past. The remainder of the schedule is given over to the performing arts -jazz concerts, ballet, opera, modern dance and the like. From Woody Allen films to documentaries about Latin America to performances by the Pina Bausch dance troupe, the offerings range from the challenging to the downright esoteric.

All that changed when NBC bought Bravo in 2002 and gave it a makeover almost completely motivated by ratings. It started with Queer Eye for the Straight Guy, which in its first year delivered 3.3 million viewers per episode. Then came the much acclaimed era of Top Chef and Project Runway, which are still considered highbrow in their own way, but only in the context of their fellow reality shows like The Real Housewives. And let’s face it: Bravo is pretty much all Housewives all the time. Well, that and a show about Silicon Valley that features no computer programming at all.

RELATED: Barnes & Noble CEO Is Done with Books; 43 Famous Writers Walk into a Cafe

And remember The Learning Channel? It was founded by the Department of Health, Education and Welfare, along with NASA. Really! Then in came Discovery as the new boss, and with it American Chopper and, eventually, TLC’s Toddlers & Tiaras, which birthed Honey Boo Boo — not to mention major ratings. Arts & Entertainment has long been a corporate entity, but it gave way from highbrow post-Nickelodeon fare and devolved into, you know, Dog the Bounty Hunter and whatever Gene Simmons is up to these days.

RELATED: The New Kindles We’ll Probably See at Today’s Amazon Event

It’s all a little reminiscent of the days when Us magazine was actually a glossy movie magazine that Hollywood stars loved to pose for. The New York Times started it! Then came a partnership with Disney, and J.Lo, and on and on to the supermarket tabloid you now know as Us Weekly, one of the most successful print publications on Earth.

RELATED: Ebook Juggernaut John Locke Coming Soon to a Bookstore Near You

So, in the slowly dwindling technological world of the e-reader and its advanced brethren, Amazon‘s Kindle is like old-school TLC and the B&N Nook is maybe a little younger and cooler, like Bravo, but still failing; the iPad, however, has Here Comes Honey Boo Boo written all over it. Not that there’s anything wrong with what Amazon and Barnes & Noble were trying to do — a small audience might enjoy a device that has novels and long biographies and maybe some newspapers and little more. But the majority of people these days want to spend their downtime with HBO Go and Netflix apps, with games and email and other ways to relax their entire brains… not just the fancy parts of it. With tablet prices falling to more affordable levels — Amazon sells a Kindle Fire for $ 159 and a Kindle Paperwhite for $ 119 — of course today’s readers are going to choose the thing that helps them go beyond boring old reading. It might not have that easy-on-the eyes screen, but the majority of time spent on tablets isn’t spent reading books but answering emails, reading the news (a shorter reading experience than an entire book), and playing games, according to Pew. Plus, the iPad has its own Kindle app, for those times when you do, after all, feel like indulging in something a bit more highbrow. Because people do, still read a lot of books. They just like doing everything else a lot more. If the death of the e-reader is nigh, maybe the age of the straight-and-narrow, undistracted smartypants isn’t far from ending, either.

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Al Pacino inhabits Phil Spector in Mamet’s HBO film

PASADENA, California (Reuters) – Playwright David Mamet had little interest in legendary music producer and convicted murderer Phil Spector, dismissing him as a “freak” – until he watched a documentary that shed light on a complicated personality.

Now, the “Glengarry Glen Ross” writer is bringing to HBO a movie inspired by Spector’s life that imagines his relationship with the attorney who defended him against charges of killing actress Lana Clarkson in Los Angeles in 2003.

The film, “Phil Spector,” written and directed by Mamet, stars Al Pacino as the music producer and Helen Mirren as his attorney.

When Mamet’s agent urged him to watch a documentary about Spector, the playwright said he felt he already knew enough about the eccentric producer who sported wild hair and was found guilty of murder.

“You start out saying this guy’s a freak,” Mamet told reporters at a Television Critics Association meeting on Friday.

Learning more about Spector, “you start to think, how could I be so prejudiced? The guy sounds brilliant.”

“Then you say, maybe he’s not guilty,” Mamet said.

In the TV film that debuts March 24 on Time Warner Inc-owned HBO, Mirren plays Linda Kenney Baden, who defended Spector in his first murder trial that ended in a mistrial with jurors deadlocked. He was convicted in a second trial in 2009 and is serving a sentence of 19 years to life.

Spector, now 73, revolutionized pop music in the 1960s with his layered “Wall of Sound” production techniques, working with the Beatles, the Ronettes, Cher and Leonard Cohen at the height of his fame. But for years before the trial, he had lived as a virtual recluse in a mock castle in suburban Los Angeles.

WORK OF FICTION

The HBO film starts with a disclaimer saying it is a work of fiction “inspired by actual persons in a trial, but it is neither an attempt to depict the actual persons, nor to comment upon the outcome.”

It tells how Baden became intrigued by Spector and the challenges of defending him. She considers how to raise reasonable doubt in the minds of the jury while the defense team wrestles with whether Spector should take the stand.

As his attorneys consider that Spector might hurt his own cause, Spector reminds them of his accomplishments. In one scene, he tells Baden: “The first time you got felt up, guess what? You were listening to one of my songs.”

The real-life Baden told reporters on Friday that, as Spector’s attorney, she couldn’t tell Mamet about any conversations with her client. Instead, they were left to the playwright’s imagination.

Baden said she felt the forensic evidence against Spector did not prove he killed Clarkson, who was found shot to death in the foyer of Spector’s home hours after the pair met in a nightclub. Spector denied murdering Clarkson but did not testify at either trial.

Pacino said he didn’t try to perfectly mimic the real-life music producer or meet with him, though he did watch video footage of his statements around the time of the murder trial.

“I would sit for hours just looking at Phil talking about things,” said Pacino, speaking via satellite from New York.

Mirren said on Friday her biggest challenge was finding the right tone to play a character in the unconventional world that Spector seemed to inhabit.

“It’s like a strange dream you are having,” Mirren said. “The nature of Phil Spector and the life that he lived encouraged that. He seemed to live in a permanent dream.”

(Reporting By Lisa Richwine, editing by Jill Serjeant and Philip Barbara)

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Scare Amplifies Fears That Clinton’s Work Has Taken Heavy Toll

Pool photo by Brendan Smialowski

Hillary Rodham Clinton with Field Marshal Mohamed Hussein Tantawi in Cairo in July.

WASHINGTON — When Secretary of State Hillary Rodham Clinton fractured her right elbow after slipping in a State Department garage in June 2009, she returned to work in just a few days. Her arm in a sling, she juggled speeches and a trip to India and Thailand with physical therapy, rebuilding a joint held together with wire and pins.

It was vivid evidence of Mrs. Clinton’s indomitable stamina and work ethic — as a first lady, senator, presidential candidate and, for the past four years, the most widely traveled secretary of state in American history.

But after a fall at home in December that caused a concussion, and a subsequent diagnosis of a blood clot in her head, it has taken much longer for Mrs. Clinton to bounce back. She was released from a hospital in New York on Wednesday, accompanied by her daughter, Chelsea, and her husband, former President Bill Clinton. On Thursday, she told colleagues that she hoped to be in the office next week.

Her health scare, though, has reinforced the concerns of friends and colleagues that the years of punishing work and travel have taken a heavy toll. Even among her peers at the highest levels of government, Mrs. Clinton, 65, is renowned for her grueling schedule. Over the past four years, she was on the road for 401 days and spent the equivalent of 87 full days on a plane, according to the State Department’s Web site.

In one 48-hour marathon in 2009 that her aides still talk about, she traveled from talks with Palestinian leaders in Abu Dhabi to a midnight meeting with Prime Minister Benjamin Netanyahu in Jerusalem, then boarded a plane for Morocco, staying up all night to work on other issues, before going straight to a meeting of Arab leaders the next morning.

“So many people who know her have urged me to tell her not to work so hard,” said Melanne S. Verveer, who was Mrs. Clinton’s chief of staff when she was first lady and is now the State Department’s ambassador at large for women’s issues. “Well, that’s not easy to do when you’re Hillary Clinton. She doesn’t spare herself.”

It is not just a matter of duty, Ms. Verveer and others said. Mrs. Clinton genuinely relishes the work, pursuing a brand of personal diplomacy that, she argues, requires her to travel to more places than her predecessors.

While there is no medical evidence that Mrs. Clinton’s clot was caused by her herculean work habits, her cascade of recent health problems, beginning with a stomach virus, has prompted those who know her best to say that she desperately needs a long rest. Her first order of business after leaving the State Department in the coming weeks, they say, should be to take care of herself.

Some even wonder whether this setback will — or should — temper the feverish speculation that she will make another run for the White House in 2016.

“I am amazed at the number of women who come up to me and tell me she must run for president,” said Ellen Chesler, a New York author and a friend of Mrs. Clinton’s. “But perhaps this episode will alter things a bit.”

Given Mrs. Clinton’s enduring status as a role model, Ms. Chesler said women would be watching which path she decides to take, as they plan their own transitions out of the working world.

“Do remember that women of our generation are really the first to have worked through the life cycle in large numbers,” she added. “Many seem to be approaching retirement with dread.”

For now, aides say, Mrs. Clinton’s focus is on wrapping up her work at the State Department. She would like to take part in a town hall-style meeting, thank her staff and sit for some interviews. But first she has to get clearance from her doctors, who are watching her to make sure that the blood thinners they have prescribed for her clot are working.

Speaking to a meeting of a foreign policy advisory board from her home in Chappaqua, N.Y., on Thursday, Mrs. Clinton said she was crossing her fingers and encouraging her doctors to let her return next week. “I’m trying to be a compliant patient,” she said, according to a person who was in the room. “But that does require a certain level of patience, which I’ve had to cultivate over the last three and a half weeks.”

While convalescing, Mrs. Clinton has spoken with President Obama and has held a 30-minute call with Senator John Kerry, Democrat of Massachusetts, whom Mr. Obama nominated as her successor.

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Shares in Jewel parent soar on report of deal

Stock in Jewel-Osco parent Supervalu soared 13.5 percent Friday on speculation that the company is on the brink of a deal with Cerberus Capital Management.

Shares for the Eden Prairie, Minn-based grocery company closed at $2.94.

Supervalu spokesman Mike Siemienas said the company is in talks with several suitors, though a deal is not assured.  A representative for Cerberus Capital Management, a New York-based investment firm, declined to comment for this story.

The Eden Prarie, Minn-based company, which also owns Albertsons, Cub, Acme and Save-A-Lot stores, said it was exploring strategic alternatives, including a sale, in July. Days later, Supervalu dismissed CEO Craig Herkert, and Chairman Wayne Sales stepped in to run the troubled grocer.

Supervalu sales and earnings have lagged those of competitors for years. In 2012, the company's stock price fell 69.6 percent and return on investment declined 68.6 percent, according to Bloomberg. Average stock prices in the broader consumer staples market rose 7.4 percent and returns gained 10.7 percent in the period.

For the fiscal year ended Feb. 25, Supervalu reported a loss of $1.04 billion, which included a $519 million operating loss and $509 million in interest expense. Sales declined 3 percent, to $27.9 billion. The company has carried an onerous debt load since buying Albertsons, which included Chicago's Jewel-Osco chain, in 2006, making Supervalu the subject of bankruptcy  speculation.

Cerberus is rumored to be in the mix to buy parts of the company. The firm has experience in the food retail sector and was an investor in the 2006 Albertsons deal. Cerberus still holds a stake in Albertsons and Strategic Restaurants, a Burger King franchisee with more than 250 restaurants.

eyork@tribune.com | twitter: @emilyyork

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Gay marriage, assault weapons ban votes delayed in Senate

SPRINGFIELD—

The Illinois Senate left the State Capitol later today without voting on measures to legalize gay marriage and outlaw assault weapons, leaving the fate of those controversial issues in doubt.

A committee advanced the same-sex marriage bill late this afternoon, but the sponsor acknowledged she did not have enough votes to win approval on the Senate floor.

Sen. Heather Steans, D-Chicago, dismissed a question on whether she ever had a solid 30 votes lined up to pass the legislation. "Oh, no, no, no," Steans said. "We really did have the votes. We were just missing members today."

Such are the political dynamics of a lame-duck session in Springfield: some lawmakers who are in their final days of service don't show up to work, making it difficult to pass tough legislation.

The Senate’s failure to take a final vote also came after a furious lobbying pushback by the Catholic Conference of Illinois and Cardinal Francis George.

The Senate Executive Committee advanced the measure on an 8-5 vote following a lengthy debate that featured testimony from both sides of the issue.

"It's not often that we really have a chance in this chamber to be taking a look at something providing a basic civil right and advancing fairness," said sponsoring Sen. Steans. "Same-sex couples want to marry for the same reasons we all do--for commitment, family, mutual responsibility.

Steans said gay couples have suffered from the 2nd-class status. Underscoring Steans' point was emotional testimony from Mercedes Santos and Theresa Volpe, a lesbian couple from Rogers Park who got a civil union in Illinois.

"Right now, we are in a civil union, but it is not enough," testified Theresa Volpe.

Springfield Catholic Bishop Thomas John Paprocki testified against the proposal, saying, "It would radically redefine what marriage is for everybody." He maintained the "natural family" is undermined by the legislation.

"Neither two men nor two women can possibly form a marriage," Paprocki said. "Our law would be wrong if it said that they could.

"The basic structure of marriage as the exclusive and lasting relationship of a man and a woman, committed to a life with the potential of having children, is given to us in human nature, and thus by nature's God," Paprocki said.

At the same time, an effort to ban semi-automatic assault weapons and large-capacity ammunition magazines --- backed by Chicago Mayor Rahm Emanuel --- also lacked the votes needed for passage. Opponents argued the measure was too broad and unworkable.

With no action on those two controversial issues, senators were preparing to return home. A final day of the Senate’s lame-duck session remains an option for Tuesday, the day before the next General Assembly is inaugurated. But that could depend on whether the House takes any action. House members are scheduled to be in Springfield from Sunday through Tuesday.

rlong@tribune.com

rap30@aol.com

Twitter @RayLong

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R&B singer Frank Ocean cited for pot possession

BRIDGEPORT, Calif. (AP) — Grammy-nominated R&B singer Frank Ocean is facing a marijuana possession charge after police say he was pulled over on New Year’s Eve in California’s Eastern Sierra Nevada for driving more than 90 mph in a 65 mph zone.

The Mono County Sheriff’s Department says officers stopped Ocean’s black BMW at about 4:30 p.m. Dec. 31 as he was heading southbound on U.S. 395.

Sheriff’s spokeswoman Jennifer Hansen says a strong odor of marijuana wafted out as a deputy approached the vehicle.

Hansen says the deputy found a small bag of marijuana on the 25-year-old Ocean, whose legal name is Christopher Breaux (broh).

She says the Beverly Hills resident was cited for marijuana possession and released.

Calls and an email message sent to Ocean’s representatives Thursday were not immediately returned.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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Brunswick to sell Hatteras, Cabo, lays off 105

The GT63 is the latest model of motor yacht from Hatteras, a unit of Brunswick Corp. (Hatteras Yachts / January 3, 2013)

Reuters

5:49 p.m. CST, January 3, 2013

Recreational boat maker Brunswick Corp. said Thursday that it is seeking buyers for its sportfishing convertible yacht brands Hatteras and Cabo, and that it laid off about 105 workers at its New Bern facility in North Carolina.

The facility had about 545 employees as of November.

Brunswick bought Hatteras for $80 million in 2001 and Cabo for $60 million in 2006.

"The current plan assumes that the eventual purchaser will retain both the physical plant and the workforce of Hatteras/Cabo," Chief Executive Dustan McCoy said.

Hatteras builds luxury motoryachts and sportfishing convertible yachts.

The boat maker suffered a slide in earnings as consumers turned away from splashing money on luxurious items like boats after the recession, and was forced to restructure its operations.

The lay off will affect 75 full-time and about 30 temporary workers, and help Brunswick "better adjust to market conditions," spokesperson Dan Kuberan told Reuters.

The New Bern plant makes Hatteras and Cabo Yachts.

The company said it expects to record charges of between $70 million and $80 million in relation to the changes announced today, a major part of which will be recorded in the fourth quarter ended December.

Brunswick shares were marginally down at $31.37 in trading after the bell. They closed at $31.51 on the New York Stock Exchange on Thursday.

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Obama immigration shift cheered by Chicago-area advocates

Chicago-area immigration reform advocates greeted the Obama administration policy shift that will allow many here illegally to remain with their families while seeking legal status as a welcome step toward an eventual overhaul of federal immigration laws.

"We're hopeful that all of this portends a bigger improvement to the immigration system," said Lisa Koop, a managing attorney with the Chicago-based National Immigrant Justice Center.

Several thousand people in the Chicago area stand to benefit from the new rule, which makes it easier for immediate relatives of U.S. citizens to apply for permanent residency by allowing them to sign up for a "provisional unlawful presence waiver" while still in this country.

Such waivers can be granted to people who have overstayed their visas or entered the U.S. illegally if they can prove that their families would suffer extreme hardship if they weren't allowed to stay in the country.

The waivers do not guarantee permanent residency status, but without one, illegal immigrants can be banned from the U.S. for 10 years or more.

The policy shift, which takes effect March 4, does away with a requirement that applicants return to their homeland to apply for the waiver. The process can take as long as a year, forcing even those who eventually get a waiver to endure long separations from their families, Obama administration officials said Wednesday.

With no guarantees that their waiver applications would be approved, many immigrants here illegally chose to remain in the shadows rather than be forced to leave their family during the application process, said Fred Tsao, policy director for the Illinois Coalition for Immigrant and Refugee Rights.

At the National Immigrant Justice Center, attorneys are preparing for an influx of cases after the policy goes into effect, Koop said.

Many clients who appear to be eligible for a waiver delayed their application after the new rule was proposed in April, she said.

The new rule still will require applicants to return to their native countries for an interview at a U.S. Consulate after a waiver is approved, Obama administration officials said.

Because an approved waiver application often means a successful immigration application, Koop said, the new rule allows applicants to hedge the risks they take in formally declaring their illegal status.

"If you have this waiver approved and then go down and have your visa interview, unless something else arises at that visa interview, there is a pretty high likelihood that your case will go through pretty smoothly at that point," she said.

aolivo@tribune.com

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Judge rejects part of Apple App Store suit vs Amazon

SAN FRANCISCO (Reuters) – A U.S. judge on Wednesday rejected part of Apple Inc‘s lawsuit against Amazon.com Inc‘s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.

U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon‘s motion for partial summary judgment, which only challenged Apple’s false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.

An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.

Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.

One of the first public clashes in their tussle was Apple’s 2011 lawsuit.

Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.

In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on “the number of app stores out there” and Jobs referred to the “four app stores on Android.”

In her ruling on Wednesday, Hamilton wrote that the mere use of “Appstore” by Amazon cannot be taken as a representation that its service is the same as Apple’s.

“Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” Hamilton wrote.

A trial on Apple’s remaining claims is scheduled for August.

The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.

(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)

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U.S. soul singer Bobby Womack says he has signs of dementia

(Reuters) – U.S. singer-songwriter Bobby Womack said he is beginning to show early symptoms of Alzheimer’s disease, including trouble remembering names and song lyrics.

“The doctor said, ‘You have signs of Alzheimer’s,’” Womack, 68, told Britain’s BBC Radio 6 music station over the weekend. “He said it’s not bad yet but it’s going to get worse.”

He added: “How can I not remember songs that I wrote? That’s frustrating.”

The 2009 Rock and Roll Hall of Fame inductee, whose hits include “Woman’s Gotta Have It” and “If You Think You’re Lonely Now,” suffered a number of health problems in the past year.

In March it was disclosed that he was diagnosed with colon cancer, which was later successfully treated, and he also underwent what was termed a “minor heart procedure.”

Other recent health issues included prostate cancer, pneumonia and collapsed lungs.

The soul veteran in October won the best album award from the British magazine Q for his 2012 release, “The Bravest Man in the Universe,” beating out much younger competition.

Womack got his start in the music business as the lead singer in the soul group The Valentinos, which he formed with his brothers, and played guitar for Sam Cooke.

He also wrote The Rolling Stones’ first chart topper in the UK, 1964′s “It’s All Over Now.”

(Reporting by Eric Kelsey, editing by Jill Serjeant and Cynthia Osterman)

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5-Hour Energy’s ‘No Crash Later’ Claim Is Disputed

The distributor of the top-selling energy “shot,” 5-Hour Energy, has long claimed on product labels, in promotions and in television advertisements that the concentrated caffeine drink produced “no crash later” — the type of letdown that consumers of energy drinks often feel when the beverages’ effects wear off.

But an advertising watchdog group said on Wednesday that it had told the company five years ago that the claim was unfounded and had urged it then to stop making it.

An executive of the group, the National Advertising Division, also said that 5-Hour Energy’s distributor, Living Essentials, had publicly misrepresented the organization’s position about the claim and that it planned to start a review that could lead to action against the company by the Federal Trade Commission.

“We recommended that the ‘no crash’ claim be discontinued because their own evidence showed there was a crash from the product,” said Andrea C. Levine, director the National Advertising Division. The organization, which is affiliated with the Council of Better Business Bureaus, reviews ad claims for accuracy.

The emerging dispute between Living Essentials and the National Advertising Division is unusual because the $10 billion energy drink industry is rife with questionable marketing. And Living Essentials, which recently cited the advertising group’s support in seeking to defend the “no crash” claim, may have opened the door to greater scrutiny.

Major producers like 5-Hour Energy, Red Bull, Monster Energy and Rockstar Energy all say their products contain proprietary blends of ingredients that provide a range of mental and physical benefits. But the companies have conducted few studies to show that the costly products provide anything more than a blast of caffeine, a stimulant found in beverages like coffee, tea or cola-flavored sodas.

The dispute over 5-Hour Energy’s claim also comes as regulatory review of the high-caffeine drinks is increasing. The Food and Drug Administration recently disclosed that it had received reports over the last four years citing the possible role of 5-Hour Energy in 13 deaths. The mention of a product in an F.D.A. report does not mean it caused a death or injury. Living Essentials says it knows of no problems related to its products.

The issue surrounding the company’s “no crash” claim dates to 2007, when National Advertising Division began reviewing all of 5-Hour Energy’s marketing claims. That same year, the company conducted a clinical trial of the energy shot that compared it to Red Bull and Monster Energy.

At the time, Living Essentials was already using the “No crash later” claim. An article on Wednesday in The New York Times reported that the study had shown that 24 percent of those who used 5-Hour Energy suffered a “moderately severe” crash hours after consuming it. The study reported higher crash rates for Red Bull and Monster Energy.

When asked how those findings squared with the company’s “no crash” claim, Elaine Lutz, a spokeswoman for Living Essentials, said the company had amended the claim after the 2007 review by the National Advertising Division. In doing so, it added an asterisklike mark after the claim on product labels and in promotions. The mark referred to additional labeling language stating that “no crash means no sugar crash.” Unlike Red Bull and Monster Energy, 5-Hour Energy does not contain sugar.

Ms. Lutz said that based on the modification, the advertising accuracy group “found all of our claims to be substantiated.”

However, Ms. Levine, the advertising group’s director, took sharp exception to that assertion, saying it mischaracterized the group’s decision. And a review of the reports suggested that Living Essentials had simply added language of its choosing to its label rather than doing what the group had recommended — drop the “no crash” claim altogether.

That review concluded that the company’s 2007 study had shown there was evidence to support a “qualified claim that 5-Hour Energy results in less of a crash than Red Bull and Monster” Energy. But it added the study, which showed that 5-Hour Energy users experienced caffeine-related crashes, was inadequate to support a “no crash” claim.

Ms. Levine said Living Essentials had apparently decided to use the parts of the group’s report that it liked and ignore others.

Companies “are not permitted to mischaracterize our decisions or misuse them for commercial purposes,” she said.

She said the group planned to notify Living Essentials that it was reopening its review of the “no crash later” claim. If the company fails to respond or provides an inadequate response, the National Advertising Division will probably refer the matter to the F.T.C., she said.

A Democratic lawmaker, Representative Edward Markey of Massachusetts, has asked that the agency review energy drink marketing claims.

Asked about the position of the National Advertising Division, Ms. Lutz, the 5-Hour Energy spokeswoman, stated in an e-mail that the “no sugar crash” language had been added to address the group’s concern.

This article has been revised to reflect the following correction:

Correction: January 2, 2013

An earlier version of this article misstated the number of deaths in which the Food and Drug Administration said 5-Hour Energy possibly played a role. The number was 13, not 15.

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Dow soars 2% after deal to avoid 'cliff'

NEW YORK (Reuters) - Stocks kicked off the new year with their best day in over a year on Wednesday, sparked by relief over a last-minute deal in Washington to avert the "fiscal cliff" of tax hikes and spending cuts that threatened to derail the economy's growth.

In 2013's first trading session, the S&P 500 achieved its biggest one-day gain since December 20, 2011, pushing the benchmark index to its highest close since September 14.

Concerns over Washington's ability to sidestep the cliff had driven the S&P 500 down for five straight sessions, before signs that a resolution was near sent the benchmark index higher on the final trading session of 2012.

The CBOE Volatility Index or the VIX , Wall Street's favorite gauge of investor anxiety, dropped 18.5 percent to 14.68 at the close. The VIX has fallen 35.4 percent over the past two sessions, the biggest 2-day percentage drop in the history of the index.

The Dow Jones industrial average jumped 308.41 points, or 2.35 percent, to 13,412.55 at the close. The Standard & Poor's 500 Index gained 36.23 points, or 2.54 percent, to finish at 1,462.42. The Nasdaq Composite Index climbed 92.75 points, or 3.07 percent, to end at 3,112.26.

U.S. markets were closed on Tuesday for New Year's Day.

Market breadth reflected the strong rally, with 10 stocks rising for every one that fell on the New York Stock Exchange. All 10 of the S&P 500 industry sector indexes gained at least 1 percent. The S&P financial index shot up 2.9 percent.

The S&P Information Technology index gained 3.2 percent, including Hewlett-Packard , which climbed 5.4 percent to $15.02. HP's gain followed a miserable 2012 when the stock fell nearly 45 percent as one of the S&P 500's worst performers for 2012.

On Tuesday, Congress passed a bill to prevent huge tax hikes and delay spending cuts that would have pushed the world's largest economy off a "fiscal cliff" and possibly into recession.

The vote avoided steep income-tax increases for a majority of Americans, but failed to resolve a major showdown over cutting the budget deficit, leaving investors and businesses with only limited clarity about the outlook for the economy. Spending cuts of $109 billion in military and domestic programs were temporarily delayed, and another fight over raising the U.S. debt limit also looms.

"We got through the fiscal cliff. The next big thing, and probably more contentious thing, is negotiating the debt ceiling and possibly entitlement reform in early 2013," said Jim Russell, senior equity strategist for U.S. Bank Wealth Management in Cincinnati.

Hard choices about budget cuts and the critical need to raise the debt ceiling will confront Congress about the same time in two months "so the fur will be flying," Russell said.

U.S. stocks ended 2012 with the S&P 500 up 13.4 percent for the year, as investors largely shrugged off worries about the fiscal cliff. For the year, the Dow gained 7.3 percent and the Nasdaq jumped 15.9 percent.

Bank shares rose following news that U.S. regulators are close to securing another multibillion-dollar settlement with the largest banks to resolve allegations that they unlawfully cut corners when foreclosing on delinquent borrowers.

Bank of America Corp rose 3.7 percent to $12.03 and Citigroup Inc gained 4.3 percent to $41.25. The KBW bank index rose 3.2 percent.

Shares of Zipcar Inc surged 47.8 percent to $12.18 after Avis Budget Group Inc said it would buy Zipcar for about $500 million in cash to compete with larger rivals Hertz and Enterprise Holdings Inc. Avis advanced 4.8 percent to $20.77.

Shares of Apple rose 3.2 percent to $549.03, helping to lift the S&P information technology index up 3.2 percent following a report that the most valuable tech company has started testing a new iPhone and a new version of its iOS software.

Economic data from the Institute for Supply Management showed U.S. manufacturing ended 2012 on an upswing despite fears about the fiscal cliff, but the Commerce Department reported that construction spending fell in November for the first time in eight months.

Volume was heavy, with about 7.8 billion shares traded on the New York Stock Exchange, the NYSE MKT and the Nasdaq, well above the 2012 daily average of 6.42 billion.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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House Republicans balk at fiscal cliff deal

WASHINGTON (Reuters) - The bill to avert U.S. fiscal cliff wins passage in the House of Representatives. Pres. Obama is expected to sign into law promptly.

A months-long battle over the U.S. "fiscal cliff" headed to a close on Tuesday as the House of Representatives moved toward final approval of a bipartisan deal meant to prevent Washington from pushing the world's biggest economy into recession.

The Republican-controlled House was expected to back a tax hike on the top U.S. earners shortly before midnight on Tuesday, ending weeks of high-stakes budget brinkmanship that threatened to spook consumers and throw financial markets into turmoil.

Approval of the bill would be a victory for President Barack Obama, who campaigned for re-election last November on a promise to raise taxes on the wealthiest but faced stiff opposition from congressional Republicans.

Republicans had earlier considered adding hundreds of billions of dollars in spending cuts after the bill had already passed the Senate with strong bipartisan support. That would have triggered further partisan warfare and pushed the crisis well past a self-imposed January 1 deadline.

But party leaders abandoned the effort after determining they lacked the votes.

"We've gone as far as we can go and I think people are ready to bring it to a conclusion," Republican Representative Jack Kingston of Georgia said. "We fought the fight."

Rules Committee Chairman David Dreier, a Republican, predicted the House would back the Senate bill, which also postpones for two months $109 billion in spending cuts on military and domestic programs set for 2013.

The bill easily cleared a procedural hurdle by a bipartisan vote of 408 to 10.

Lawmakers have struggled to find a way to head off across-the-board tax hikes and spending cuts that began to take effect at midnight, a legacy of earlier failed budget deals that is known as the fiscal cliff.

Strictly speaking, the United States went over the cliff in the first minutes of the New Year because Congress failed to produce legislation to halt $600 billion of tax hikes and spending cuts scheduled for this year.

TAX HIKES FOR WEALTHIEST

While many Republicans were uneasy with the tax hikes and wanted more spending cuts in the bill, they seemed to realize that the fiscal cliff would begin to damage the economy once financial markets and federal government offices returned to work on Wednesday. Opinion polls show the public would blame Republicans if a deal were to fall apart.

House Republicans had earlier considered adding $330 billion in spending cuts over 10 years to the Senate bill, which raises taxes on the wealthiest U.S. households by $620 billion over the same period.

But Senate Democrats refused to consider any changes to their bill, which passed 89 to 8 in a rare display of unity early Tuesday.

That measure, which passed the Senate at around 2 a.m., would raise income taxes on families earning more than $450,000 per year and limit the amount of deductions they can take to lower their tax bill.

Low temporary rates that have been in place for the past decade would be made permanent for less-affluent taxpayers, along with a range of targeted tax breaks put in place to fight the 2009 economic downturn.

However, workers would see up to $2,000 more taken out of their paychecks annually with the expiration of a temporary payroll tax cut.

The non-partisan Congressional Budget Office said the Senate bill would increase budget deficits by nearly $4 trillion over the coming 10 years, compared to the budget savings that would occur if the extreme measures of the cliff were to kick in.

But the bill would actually save $650 billion during that time period when measured against the tax and spending policies that were in effect on Monday, according to the Committee for a Responsible Federal Budget, an independent group that has pushed for more aggressive deficit savings.

(Additional reporting by Rachelle Younglai, Thomas Ferraro and David Lawder; Writing by Andy Sullivan; Editing by Alistair Bell and Eric Beech)

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Heartwarming moments defy chill at Rose Parade

PASADENA, Calif. (AP) — A couple who became husband and wife on the “Love Float,” a surprise reunion between a returning soldier and his little boy, and a grand marshal famed globally for her chimpanzee research were among the highlights of the 124th Rose Parade on Tuesday.

The parade’s spectacular 42 floral floats brightened an otherwise cloudy New Year’s morning and boosted the spirits of a chilled crowd estimated at some 700,000 spectators lining the 5-mile route.

“The only way that you’re going to experience the Rose Parade is to be here in person,” said Los Angeles resident Gineen Alcantara-Nakama, who camped out Monday night to save front row sidewalk spots.

“Growing up, I watched it on television, but it’s not the same — the smell, the atmosphere, smelling the flowers as they come down the street. And the energy. It’s like being with family all night long.”

Spectators rose to a standing ovation when Army Sgt. First Class Eric Pazz, who was riding on the Natural Balance Pet Foods float along with other service members, got off the float and walked over to his surprised wife Miriam and 4-year-old son Eric Jr., who came running out of the stands into the arms of his 32-year-old father.

Miriam Pazz had been told she had won a contest to attend the parade and did not know her husband, who is deployed in Afghanistan, would be there. A native of Clio, Mich., Pazz is a highly decorated soldier who has also served in Iraq. The family, who currently lives in Germany, climbed aboard the float for the rest of the route.

Cheers also went up for a Chesapeake, Va., couple who tied the knot aboard Farmers Insurance “Love Float.”

Gerald Sapienza and Nicole Angelillo were high school classmates who reconnected 10 years later and won the parade wedding over three other couples in a nationwide contest. They received a trip to Pasadena, a wedding gown, tuxedo, rings, marriage license fees, Rose Bowl game tickets and hair and makeup for the bride.

The parade’s theme this year was “Oh the Places You’ll Go!” named in honor of the Dr. Seuss book. It served as a fitting slogan for grand marshal British primatologist Jane Goodall, who has spent much of her life in Tanzania studying chimpanzees.

Goodall chose conservation as her message for the parade

“My dream for this New Year’s Day is for everyone to think of the places we can all go if we work together to make our world a better place,” said Goodall, 78.

“Every journey starts with a step and I am pleased to see the Tournament of Roses continue to take steps toward not only celebrating beauty and imagination, but also a cleaner environment.”

This year’s parade also saw the first-ever float entered by the Defense Department.

The $ 247,000 military float was a replica of the Korean War Veterans Memorial in Washington to commemorate the veterans from that conflict.

The float that scooped up the parade’s grand “Sweepstakes” prize for the most beautiful floral presentation and design was “Dreaming in Paradise” by fruit and vegetable producer Dole.

According to parade rules, every inch of the floats must be covered with flowers or plant material, most of it applied by volunteers in the last weeks of December.

Besides floats, the parade also featured 23 marching bands and 21 equestrian units from around the world.

Banda El Salvador, a 200-plus member marching band and folkloric dance troupe, played sassy Latin rhythms and paid homage to their Central American country by dressing in the national colors of blue and white and shouting “Arriba El Salvador!”

The Aguiluchos band from Puebla, Mexico, earned cheers for their fancy footwork and vaquero rope tricks. Colorful dancers from Costa Rica and South Korea were other crowd pleasers.

Die-hard parade fans staked out their spots overnight or in pre-dawn hours with folding chairs, hammocks and portable barbeque grills despite frosty temperatures.

Emergency personnel received a number of cold-weather exposure calls, police department spokeswoman Lisa Derderian told City News Service.

As of 8 a.m. Tuesday, police had made a total of 22 arrests along the parade route since 6 p.m. Monday, said police Lt. Rick Aversan. All but one arrest were for suspected public intoxication. The other was for suspected possession of burglary tools that could have been used to break into cars, police said.

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Drug Makers Losing a Bid to Foil Generic Painkillers

Public officials have long urged makers of powerful painkillers to do more to make the medications harder to crush and abuse. But now that some companies have done so, they want something in return — a ban on generic versions of the drugs they make that do not have such tamper-resistant designs. 

Stuart Isett for The New York Times

Purdue Pharma’s OxyContin

Purdue Pharma LP

Tablets of OxyContin have been made more resistant to abuse. At left, a tablet crushed into powder. Right, a reformulated tablet does not easily turn into powder when it is crushed.

In coming months, generic drug producers are expected to introduce cheaper versions of OxyContin and Opana, two long-acting narcotic painkillers, or opioids, that are widely abused.

But in hopes of delaying the move to generics, the makers of the brand name drugs, Purdue Pharma and Endo Pharmaceuticals, have introduced versions that are more resistant to crushing or melting, techniques abusers use to release the pills’ narcotic payloads.

The two drug makers, which say they are motivated not by profit but by public safety, have also been waging a multifront political and legal war to block sales of generics that are not tamper-resistant.

The companies argue that the older designs will feed street demand for strong painkillers, drugs that are involved in more than 15,000 overdose-related deaths a year. While some experts say the new tamper-resistant products are not a cure-all for the abuse problem, others say they represent an important step forward.

“I think it would be a shame if the government would allow generics to come in without any tamper-resistant properties,” said Dr. Lynn R. Webster, a specialist in Salt Lake City who has consulted with companies developing such safeguards. Over the last year, Purdue Pharma and Endo have backed legislation in Congress that would require many opioids to be tamper-resistant, and lobbied in favor of similar state laws.

They have also urged the Food and Drug Administration to give their tamper-resistant designs a stamp of safety approval that other manufacturers would have to match. The agency does not currently differentiate between drugs that have abuse-resistant qualities and those that do not.

Thus far, the companies’ efforts have failed. In mid-December, a federal judge threw out a lawsuit by Endo that would have blocked the F.D.A. from allowing generic versions of its drug, Opana, to go on sale in January. A recent effort by some doctors and local officials in Canada to deter sales of generic versions of OxyContin there fell flat. While companies like Purdue Pharma insist the public’s health is their main concern, others note that producers introduced tamper-resistant versions of their products just as the drugs were about to lose patent protection. In court papers filed in response to Endo’s lawsuit, the F.D.A. described the company’s action as a “thinly veiled attempt to maintain its market share and block generic competition.”

An F.D.A. official, Dr. Douglas C. Throckmorton, said the agency expected to issue guidance this month that would lay out the types of scientific data that drug producers would have to submit to support a claim that an opioid’s design or formulation helped to deter its abuse.

Companies are developing a variety of methods to do that. The new OxyContin pill turns into a gummy mass when an abuser crushes it, and the Opana pill is designed to break into large pieces when manipulated. Other methods include pills that contain a second drug reversing the opioid’s narcotic effects if taken inappropriately.

“We understand the value in developing appropriate abuse-resistant technology and we want to find a way of incentivizing that,” said Dr. Throckmorton, the F.D.A.’s deputy director for regulatory programs. “But we also understand the value of generics for patients.”

A study published in 2012 in a medical journal, The Journal of Pain, found that the percentage of people treated at drug-abuse clinics who reported abusing OxyContin fell significantly since the introduction of the tamper-resistant version.

Some of those abusers said they had switched to other long-acting opioids that were easier to abuse like Opana — before its reformulation — or to illicit drugs like heroin, according to the study, which was financed by Purdue Pharma.

But the generic versions of OxyContin and Opana are expected to be significantly cheaper than the tamper-resistant versions of those drugs. At time of introduction in late 2010, the price of the new version of OxyContin was about $6 per 40 milligram tablet, the same then as the price that was not tamper-resistant. Since then, the price of the new version has risen to about $6.80 for that strength tablet. Opana costs about the same amount for a pill of the same pain-killing strength.

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