Toyota to pay big to settle suits

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

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

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

ROAD TO RECALL: Read The Times' award winning coverage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Obama, Congress set for one last effort on 'fiscal cliff'

WASHINGTON/HONOLULU (Reuters) - President Barack Obama is due back in Washington early Thursday for a final effort to negotiate a deal with Congress to avert or at least postpone the "fiscal cliff" of tax increases and government spending cuts set to begin next week.

No specific bill dealing with the cliff was on the schedule of either the U.S. Senate or House of Representatives, which are expected to return on Thursday after the holiday break. In Congress, the corridors were almost empty and the doors to members' rooms were locked.

Investors are closely watching the talks, concerned that going over the cliff could throw the economy into recession. U.S. stocks slipped on Wednesday after retailers reported disappointing holiday sales as shoppers tightened belts possibly due to fiscal cliff worries.

Aides and members of Congress have said that a modest, last-minute measure to avoid the spending cuts and most of the tax hikes could pass the Democratic-controlled Senate if Republicans agree not use a procedural roadblock known as a filibuster, a commitment that Senate Republican leader Mitch McConnell has so far not made.

The legislative focus continues to shift from deficit reduction to averting the immediate shock of the December 31 cliff dive.

"This is the 'Break Glass' scenario that we have long believed would rise in probability the closer we go to December 31, which essentially calls for extending all the rates for those individuals making under $200K and households under $250K and does not address the debt ceiling or the deficit," analyst Chris Krueger of Guggenheim Securities wrote in a research note.

But to win approval in the Republican-controlled House of any bill that raises taxes on anyone, a rare bipartisan vote would be required. All 191 Democrats would have to team with up with at least 26 Republicans to get a majority if the bill included tax hikes on the wealthiest Americans, as Obama is demanding.

Some of those votes could conceivably come from among the 34 Republican members who are either retiring or were defeated in the November elections and no longer have to worry about the political fallout.

JANUARY SCRAMBLE?

In the alternative, Congress could let income taxes go up on everyone as now scheduled and then during the first week of January, scramble and get a quick deal to cut them back except for the highest brackets, along with a measure putting off the $109 billion in automatic spending cuts that most lawmakers want to avoid.

Once the clock ticks past midnight on December 31, no member of Congress would have to vote for a tax increase on anyone - taxes would have risen automatically - and the only votes would be to decrease tax rates for most Americans back to their 2012 levels.

Americans' optimism that Obama and congressional leaders will reach a budget agreement before January 1 has waned in recent days, according to a Gallup poll released on Wednesday. Fifty percent believe a deal will be reached - a drop of 7 percentage points from the previous week - and 48 percent are doubtful. The poll was taken just after talks ran into trouble last week.

Obama and congressional lawmakers left Washington on Friday for the Christmas holiday with negotiations to avert the fiscal cliff in limbo.

The president will cut short his vacation in Hawaii and leave for Washington later on Wednesday, arriving in the capital early on Thursday.

Obama is expected to turn to a trusted Democratic ally, Senate Majority Leader Harry Reid, to help craft a quick deal.

White House aides began discussing details of the year-end budget measure with Senate Democratic counterparts early this week.

Starbucks Chief Executive Howard Schultz is urging workers in the company's roughly 120 Washington-area coffee shops to write "come together" on customers' cups on Thursday and Friday to send a message to sharply divided politicians.

"We're paying attention, we're greatly disappointed in what's going on and we deserve better," Schultz told Reuters.

(Additional reporting by Thomas Ferraro and Richard Cowan in Washington and Lisa Baertlein in Los Angeles; Editing by Eric Beech)

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Ouch, Charlie! YouTube Sensation Kids Talk Christmas Toys

The infamous “Charlie Bit My Finger” video has surpassed half a billion views on YouTube — not bad for a 56-second clip of a one-year-old kid biting his older brother’s finger.

Charlie and Harry, now six and eight, returned to the web earlier this year with a new series through Viral Studios. The mini-episodes focus on the boys and their younger brother, Jasper, as they talk about toys, viral videos and — of course — biting things.

[More from Mashable: 8 Festive Christmas Tumblrs, Presented by Santa Dogs]

Mashable sat down for a Skype interview with the three boys last week. Unfortunately, the Internet connection wasn’t the greatest — Harry twice referred to me as a “man made out of boxes” because of the spotty video quality — but they were still able to talk about what toys they were most excited about this holiday season. Check ‘em out below:

[More from Mashable: Now and Then: 10 Awesome Past and Present Pics]

Charlie’s Pick: Playmobil Large Pirate Ship

Price: $ 95.50

Image courtesy of Playmobil

Harry’s Pick: Thomas & Friends Take-n-Play The Great Quarry Climb

Price: $ 19.99

Image courtesy of Fisher-Price

Jasper’s Pick: Turbo Snake Remote Control

Price: £38.45 (only available in the U.K.)

Image courtesy of Amazon

You can catch all the episodes on the “Charlie Bit Me!” series on their YouTube page. Which toys or gadgets did you score this year? Tell us below.

BONUS: 10 Gifts for People You Hate

1. 50 Used Toilet Paper Rolls

Price: $ 19.99 Mother Earth appreciates a little holiday upcycling. Your mother-in-law, on the other hand, may not. Cheaper DIY alternative: Your own toilet paper rolls.

Click here to view this gallery.

Image courtesy of Viral Studios

This story originally published on Mashable here.

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Britain’s royal family attends Christmas services

LONDON (AP) — Britain‘s royal family is attending Christmas Day church services — with a few notable absences.

Wearing a turquoise coat and matching hat, Queen Elizabeth II arrived at St. Mary Magdelene Church on her sprawling Sandringham estate in Norfolk. She was accompanied in a Bentley by granddaughters Beatrice and Eugenie.

Her husband, Prince Philip, walked from the house to the church with other members of the royal family.

Three familiar faces were missing from the family outing. Prince William is spending the holiday with his pregnant wife Kate and his in-laws in the southern England village of Bucklebury. Prince Harry is serving with British troops in Afghanistan.

Later Tuesday, the queen will deliver her traditional, pre-recorded Christmas message, which for the first time will be broadcast in 3D.

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Is the Cure for Cancer Inside You?

Claudia Steinman saw her husband’s BlackBerry blinking in the dark. It had gone untouched for several days, in a bowl beside his keys, the last thing on anybody’s mind. But about an hour before sunrise, she got up to get a glass of water and, while padding toward the kitchen, found an e-mail time-stamped early that morning — “Sent: Monday, Oct. 3, 2011, 5:23 a.m. Subject: Nobel Prize. Message: Dear Dr. Steinman, I have good news for you. The Nobel Assembly has today decided to award you the Nobel Prize in Physiology or Medicine for 2011.” Before she finished reading, Claudia was hollering at her daughter to wake up. “Dad got the Nobel!” she cried. Alexis, still half-asleep, told her she was crazy. Her father had been dead for three days.

Steinman: Photograph by Ingbert Grüttner/Rockefeller University. Dendritic cell: Rockefeller University Press.

Ralph Steinman in 1983. He would become his most compelling experiment.

Dendritic cell: Rockefeller University Press.

The cell Steinman hoped would save his life looks something like a sea anemone or a ruffled shrimp dumpling.

The Nobel Foundation doesn’t allow posthumous awards, so when news of Ralph Steinman’s death reached Stockholm a few hours later, a minor intrigue ensued over whether the committee would have to rescind the prize. It would not, in fact; but while newspapers stressed the medal mishap (“Nobel jury left red-faced by death of laureate”), they spent less time on the strange story behind the gaffe. That Steinman’s eligibility was even in question, that he’d been dead for just three days instead of, say, three years, was itself a minor miracle.

In the spring of 2007, Steinman, a 64-year-old senior physician and research immunologist at Rockefeller University in New York, had come home from a ski trip with a bad case of diarrhea, and a few days later he showed up for work with yellow eyes and yellow skin — symptoms of a cancerous mass the size of a kiwi that was growing on the head of his pancreas. Soon he learned that the disease had made its way into nearby lymph nodes. Among patients with his condition, 80 percent are dead within the first year; another 90 percent die the year after that. When he told his children about the tumor over Skype, he said, “Don’t Google it.”

But for a man who had spent his life in the laboratory, who brought copies of The New England Journal of Medicine on hiking trips to Vermont and always made sure that family vacations overlapped with scientific symposia, there was only one way to react to such an awful diagnosis — as a scientist. The outlook for pancreatic cancer is so poor, and the established treatments so useless, that any patient who has the disease might as well shoot the moon with new, untested therapies. For Steinman, the prognosis offered the opportunity to run one last experiment.

In the long struggle that was to come, Steinman would try anything and everything that might extend his life, but he placed his greatest hope in a field he helped create, one based on discoveries for which he would earn his Nobel Prize. He hoped to reprogram his immune cells to defeat his cancer — to concoct a set of treatments from his body’s own ingredients, which could take over from his chemotherapy and form a customized, dynamic treatment for his disease. These would be as far from off-the-shelf as medicines can get: vaccines designed for the tumor in his gut, made from the products of his plasma, that could only ever work for him.

Steinman would be the only patient in this makeshift trial, but the personalized approach for which he would serve as both visionary and guinea pig has implications for the rest of us. It is known as cancer immunotherapy, and its offshoots have just now begun to make their way into the clinic, and treatments have been approved for tumors of the skin and of the prostate. For his last experiment, conducted with no control group, Steinman would try to make his life into a useful anecdote — a test of how the treatments he assembled might be put to work. “Once he got diagnosed with cancer, he really started talking about changing the paradigm of cancer treatment,” his daughter Alexis says. “That’s all he knew how to do. He knew how to be a scientist.”

First, Steinman needed to see his tumor. Not an M.R.I. or CT scan, but the material itself. The trouble was that most people with his cancer never have surgery. If there’s cause to think the tumor has spread — and there usually is — it may not be worth the risk of having it removed, along with the bile duct, the gallbladder, large portions of the stomach and the duodenum. Luckily for Steinman, early scans showed that his tumor was a candidate for resection. On the morning of April 3, 2007, less than two weeks after his diagnosis, he went in for the four-hour procedure at Memorial Sloan-Kettering Cancer Center, just across the avenue from his office at Rockefeller University.

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Corporate tax rate overhaul may be part of a 'fiscal cliff' deal

WASHINGTON — Amid the wrangling over the so-called fiscal cliff, President Obama and congressional Republicans can agree on something: They want to lower the corporate tax rate.

The U.S. has the highest overall rate of any of the world's developed economies. It took the top spot in March after Japan reduced its rate, mimicking other countries that have lowered taxes to lure new businesses and keep existing companies from leaving.

Negotiations to avert automatic income tax increases and federal spending cuts scheduled to kick in Jan. 1 could provide the impetus for U.S. policymakers to tackle an overhaul of the corporate tax code next year.

The White House wants to put a corporate tax overhaul, along with changes to the individual income tax system, on a fast track as part of any deal to avoid the "fiscal cliff."

The centerpiece of an overhaul would be slashing the 35% corporate tax rate, a goal long sought by corporate executives and lobbyists.

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

"In the name of global competitiveness, I think that has largely been agreed to," Jim McNerney, chief executive of Boeing Co., said about how both parties view the need for major corporate tax changes.

In February, Obama proposed lowering the federal rate to 25% for manufacturing companies and to 28% for other firms. Rep. Dave Camp (R-Mich.), chairman of the House Ways and Means Committee, has been pushing a plan to lower the rate to 25% for all corporations.

In both cases, the rate cuts would be accompanied by the elimination of some of the numerous tax breaks that allow many companies to pay a much lower effective tax rate — and sometimes to avoid paying any corporate taxes at all.

"The administration's position on this is very much in sync with what Republicans say they want, which is a lower rate and a broader base," said Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities and the former chief economist for Vice President Joe Biden.

But there still are some obstacles to a deal.

Some Democrats want to use an overhaul to increase the amount of tax revenue coming from corporations, while Republicans want to keep the amount the same. The White House and congressional Republicans also differ on how the U.S. should treat money earned abroad.

And the business community itself is divided. Many small companies file taxes as individuals. They're opposed to any "fiscal cliff" deal that would raise their rates while giving corporations a rate reduction.

Analysts said the obstacles could be overcome because there is consensus around the broader point that the U.S. needs to bring its corporate tax rate in line with other developed nations.

"Regardless of your political persuasion, it is unquestionably the case that the nominal U.S. corporate tax rate is much higher than that of peer countries," said Edward Kleinbard, a USC law professor and former chief of staff of Congress' Joint Committee on Taxation.

The case for corporate tax reform got a boost when the overall U.S. rate of 39.1%, which includes federal, state and local corporate taxes, became the highest this year among the 34 nations in the Organization for Economic Cooperation and Development. Two decades ago, the U.S. was 13th.

"At one time in the '80s, we had a competitive corporate tax rate," said Dorothy Coleman, vice president of tax and domestic economic policy for the National Assn. of Manufacturers. "We've fallen behind by standing still."

Quiz: The year in business

But the rate in the tax code isn't what many companies pay because of a host of deductions and tax credits. In 2011, the effective corporate tax rate in the U.S. was 29.2%, roughly in line with the 31.9% average of the six other largest developed economies, the Obama administration said.

The White House said that parity does not mean the statutory rate shouldn't be reduced. It simply means that many tax breaks should be eliminated, allowing the rate to be lowered without adding to the deficit.

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Christmas Eve shootings leave 7 hurt

Seven people were hurt, at least five seriously, in shootings on the South and West sides late Monday.

Four of the injured were hurt in a single shooting on the Far South Side, and all four were taken to local hospitals in serious-to-critical condition, according to the Chicago Fire Department.

The shooting happened shortly before 7:30 p.m. in the 9400 block of South Justine Street in the Brainerd neighborhood on the South Side, officials said.

A male opened fire, striking four males as they walked down the sidewalk, Chicago Police Department News Affairs Officer Amina Greer said, citing preliminary information.

A 15-year-old  and a 22-year-old  were taken to Advocate Christ Hospital in Oak Lawn, a 17-year old was taken to Mount Sinai Hospital and a 19-year-old  was taken to John H. Stroger, Jr. Hospital of Cook County, police said.

The 15-year-old was shot in the abdomen, and the 17-year-old was shot in the chest, police said. The other two men were shot multiple times.

Police said the condition of each was stabilized at the hospital.

About 11:50 p.m., a 21-year-old was shot in an attempted robbery in the Gresham neighborhood on the South Side, police said.

The victim was sitting in a parked vehicle in the 8200 block of South Marshfield Avenue when two males approached on foot and announced a robbery, Greer said, citing preliminary information.

Shortly after, one or both of the assailants shot into the vehicle, striking the man in the lower abdomen, police said.

The man was taken to Little Company of Mary Hospital and later transferred to Advocate Christ, where his condition was stabilized, police said.

About 9:05 p.m., a 19-year-old man was shot in the head in the 1200 block of West Washburne Avenue in the West Side's University Village neighborhood, police said. 

The man was taken to Stroger in serious condition, News Affairs Officer Veejay Zala said.

Earlier Monday evening, a 37-year-old man was shot in the leg and back in the South Side's Gresham neighborhood, police said.

The shooting happened in the 700 block of West 81st Street about 5:50 p.m., Zala said. The man was taken to an area hospital, where his condition was stabilized.

asege@tribune.com

Twitter: @AdamSege

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Character actor, World War Two hero Charles Durning dies at 89

NEW YORK (Reuters) – Charles Durning, a World War Two hero who became one of Hollywood’s top character actors in films like “The Sting,” “Tootsie” and “The Best Little Whorehouse in Texas,” has died, a New York City funeral home said on Tuesday. He was 89.

Durning, who was nominated for nine Emmys for his television work as well as two Academy Awards, died of natural causes at his New York City home on Monday, his agent told People magazine. Frank E. Campbell Funeral Chapel in Manhattan confirmed Durning‘s death to Reuters.

Durning also was an accomplished stage actor and once said he preferred doing plays because of the immediacy they offered. He gained his first substantial acting experience through the New York Shakespeare Festival starting in the early 1960s and won a Tony Award for playing Big Daddy in a 1990 Broadway revival of “Cat on a Hot Tin Roof.”

Durning did not start amassing film and TV credits until he was almost 40 but went on to appear in more than 100 movies, in addition to scores of TV shows.

Durning’s first national exposure came playing a crooked policeman who gets conned by Robert Redford in the 1973 movie “The Sting.” He got the role after impressing director George Roy Hill with his work in the Pulitzer- and Tony-winning Broadway play “That Championship Season.”

Durning had everyday looks – portly, thinning hair and a bulbous nose – and was a casting director’s delight, equally adept at comedy and drama.

Durning was nominated for supporting-actor Oscars for playing a Nazi in the 1984 Mel Brooks comedy “To Be or Not to Be” and the governor in the musical “The Best Little Whorehouse in Texas” in 1983. “Whorehouse” was one of 13 movies Durning made with friend Burt Reynolds, as well as Reynolds’ 1990s TV sitcom “Evening Shade.”

Other notable Durning movie roles included a cop in “Dog Day Afternoon,” a man who falls in love with Dustin Hoffman’s cross-dressing character in “Tootsie,” “Dick Tracy,” “Home for the Holidays,” “The Muppet Movie,” “North Dallas Forty” and “O Brother Where Art Thou?”

He was nominated for Emmys for the TV series “Rescue Me,” “NCIS,” “Homicide: Life on the Street,” “Captains and the Kings” and “Evening Shade,” as well as the specials “Death of a Salesman,” “Attica” and “Queen of the Stardust Ballroom.”

Durning was a fan of Jimmy Cagney and after returning from harrowing service in World War Two he tried singing, dancing, and stand-up comedy. He attended the American Academy of Dramatic Arts until he was kicked out.

“They basically said you have no talent and you couldn’t even buy a dime’s worth of it if it was for sale,” Durning told The New York Times.

D-DAY INVASION

He worked a number of make-do jobs – cab driver, dance instructor, doorman, dishwasher, telegram deliveryman, bridge painter, tourist guide – all while waiting for a shot at an acting career. Occasional stage roles led him to Joseph Papp, the founder of the New York Shakespeare Festival, who became his mentor.

“Joe said to me once, ‘If you hadn’t been an actor, you would have been a murderer,’” Durning told the Times. “I don’t know what that meant. I hope he was kidding. He said I couldn’t do anything else but act.”

Durning grew up in Highland Falls, New York, and was 12 years old when his Irish-born father died of the effects of mustard gas exposure in World War One. He had nine siblings and five of his sisters died of smallpox or scarlet fever – three within a two-week period.

Durning was part of the U.S. force that landed at Omaha Beach during the D-Day invasion in June 1944. A few days later he was shot in the hip – he said he carried the bullet in his body thereafter – and after six months of recovery was sent to the Battle of the Bulge.

Durning, who was wounded twice more, was captured and was one of the few survivors of the Malmedy massacre when German troops opened fire on dozens of American prisoners. In addition to three Purple Heart medals for his wounds, Durning was presented the Silver Star for valor.

At an observation of the 60th anniversary of D-Day in Washington, Durning told of the terror he felt and carnage he saw when hitting the beach on D-Day. He said he had to jettison his weapon and gear in order to swim ashore and saw mortally wounded comrades offering themselves as human shields.

“I forget a lot of stuff now but I still wake up once in a while and it’s still there,” he said. “I can’t count how many of my buddies are in the cemetery at Normandy.”

Durning was married twice and had three children.

(Reporting by Ellen Wulfhorst; Writing by Bill Trott; Editing by Eric Beech)

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Rumored iPad 5 to be thinner

By Chris O'Brien

1:03 p.m. CST, December 24, 2012

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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Gunman killed after ambushing, shooting 4 firefighters

WEBSTER, N.Y. -- A western New York police chief says a gunman who ambushed and shot four volunteer firefighters outside a blazing home is dead.

Webster Police Chief Gerald Pickering says two of the firefighters were killed and two others hospitalized after the attack on land on Lake Ontario just northeast of Rochester.

He confirmed the gunman is dead and an off-duty police officer who was driving by has injuries from shrapnel. One of the slain firefighters is also a town police lieutenant.

Police say four homes in all were destroyed and four damaged by the spreading flames.

The first Webster police officer who arrived exchanged gunfire with a shooter, Monroe County Sheriff Patrick O'Flynn said. Police would not give details on the whereabouts of a suspect, with O'Flynn saying only there was no active shooter at the scene later Monday morning.

The two wounded firefighters were in critical condition at a Rochester hospital, O'Flynn said. A spokeswoman at Strong Memorial Hospital said two Webster firefighters were being treated for gunshot wounds and were in "guarded" condition.

The West Webster Fire District early Monday received a report of a car and house on fire on Lake Road, on a narrow peninsula where Irondequoit Bay meets Lake Ontario, O'Flynn said.

The fire started in one home and spread to two others and a car, officials 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.

The gunfire initially kept firefighters from battling the blazes, but they were doing so late Monday morning, officials said.

Monday's shooting and fires occurred in a neighborhood of seasonal and year-round homes set close together across the road from the lakeshore. The area is popular with recreational boaters but is normally quiet this time of year, O'Flynn said.

"The whole strip's been evacuated," resident Michael Damico told the Rochester Democrat and Chronicle. "They're evacuating all of the houses and going through them."

O'Flynn lamented the violence, which comes on the heels of other shootings including the massacre of 20 students and six adults at Sandy Hook Elementary School in Newtown, Conn.

"It's sad to see that that this is becoming more commonplace in communities across the nation," O'Flynn said.

Webster, a middle-class, lakeside suburb, now is the scene of violence linked to house fires for two Decembers in a row.

Last Dec. 7, authorities say, a 15-year-old boy doused his home with gasoline and set it ablaze, killing his father and two brothers, 16 and 12. His mother and 13-year-old sister escaped with injuries. He is being prosecuted as an adult.

Associated Press and Reuters contributed

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