Category: News

  • Tata completes Nano fire probe, says car is safe

    Filed under: , , ,

    Earlier this year, there were reports of at least three Tata Nano runabouts channeling The Trammps and going up in Disco(unt) Infernos. Of the three Nanos that got the charbroil treatment, two of them were apparently due to a faulty switch. The third couldn’t be explained, so Tata put together a team of 20 employees supplemented by a forensics expert to figure out what was going on.

    Without explaining what happened, the team has reportedly “found no manufacturing defects,” and according to PTI News, they say that the third incident is unrelated. Furthermore, all Nanos “absolutely safe.” As you were, then. Still, in case current Nano owners want to be even more than absolutely safe, Tata will preemptively check any vehicle already in service.

    [Source: PTI News]

    Tata completes Nano fire probe, says car is safe originally appeared on Autoblog on Mon, 24 May 2010 11:40:00 EST. Please see our terms for use of feeds.

    Read | Permalink | Email this | Comments

  • Join Gizmodo, LifeHacker, and Jezebel for Drinks Tonight in NYC [Announcements]

    If you live in the area and can carve a little extra time into your calendar, join Gizmodo, Lifehacker, and Jezebel at Sweet and Vicious in New York City (on Spring Street between Elizabeth and Bowery) later tonight. We’ll be heading that way after 6 (and will stick around until at least 7:30), and look forward to seeing you there! Photo by Stewart. More »







  • Yahoo Dumps ‘Personals’ for Match.com’s Online Dating Services

    Yahoo is continuing its slim-fast diet and shedding yet another one of its services. Yahoo Personals is to be no more, as the service will be outsourced to IAC’s Match.com. Existing users will be able to switch over to the new service dubbed “Match.com on Yahoo.” The move is the latest in a long line of outsourcing d… (read more)

  • 54,000 More HP Batteries Recalled

    Hewlett-Packard doesn’t just make props for cringeworthy feature length commercials; the company also sells batteries that sometimes catch fire. A year ago HP recalled about 70,000 bad batteries, and now it’s added another 54,000 to the list.

    The batteries and the laptops they came with were sold between August 2007 and July 2008. Even if you cleared your battery during last year’s recall, you may want to check again to see it’s been added to the list. The CPSC has a full list of the notebook and battery ID numbers, or you can check out the official HP recall page. You can also call HP at 1-800-889-2031 between 7am-7pm CT Monday through Friday.

    “HP Expands Recall of Notebook Computer Batteries Due to Fire Hazard” [CPSC]
    HP Notebook PC Battery Pack Replacement Program [HP]

  • Gutierrez, Quigley want immigration reforms to cover gay couples

    below, release….

    REPS. GUTIERREZ, QUIGLEY CALL FOR INCLUSION OF SAME-SEX COUPLES IN COMPREHENSIVE IMMIGRATION REFORM

    Congressman Gutierrez: “Our efforts to fix our broken immigration system and protect basic civil rights are not truly comprehensive if we exclude same-sex couples.”

    Congressman Quigley: “The beauty of America is that somewhere in each of our lineages, someone made the choice to come here, to a country built on fairness and justice. We must continue to honor that tradition not just for some, but for all families.”

    CHICAGO – Congressman Luis V. Gutierrez, the sponsor of the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP), and a national leader of the fight for immigration reform and fairness efforts, and Congressman Mike Quigley, a CIR ASAP co-sponsor and leading voice for LGBT equality, will join with LGBT leaders to hold a press conference in Chicago on Monday to announce their strong support for inclusion of same-sex couples and their families in comprehensive immigration reform efforts in Congress this year.

    WHAT: Rep. Luis V. Gutierrez, Rep. Mike Quigley, Rep. Jared Polis, LGBT community leaders and advocates announce plans to include same-sex couples and their families in immigration reform

    WHEN: Monday, May 24, 2010
    12:00pm CT

    WHERE: The Center on Halsted
    3656 N. Halsted
    Chicago, Illinois

    WHO: Congressman Luis V. Gutierrez (D-IL-4)
    Congressman Mike Quigley (D-IL-5)
    Congressman Jared Polis (D-CO-2)
    LGBT and Immigrant Leaders and Families, TBD

    CIR ASAP (H.R. 4321), Gutierrez’ comprehensive bill cosponsored by 97 other members, does not currently include a specific provision extending legal immigration benefits to bi-national same-sex couples and their families. However, the Congressman is recommitting himself to inclusion of a specific provision that would allow an American citizen in a committed same-sex bi-national relationship to petition for an immigrant visa for their permanent partner in the same manner as an heterosexual couple would. This would ensure that all American families can remain together through the immigration process. As many as 40,000 couples – many with American citizen children – would benefit from the provision. Other key provisions of CIR ASAP, including legalization provisions for undocumented residents, asylum policy reforms, and treatment in detention, already apply to lesbian, gay, bisexual and transgendered persons.

    Congressman Gutierrez will be joined at the press conference by Reps. Mike Quigley (D-IL) and Jared Polis (D-CO), who are each strong supporters of LGBT inclusion in immigration reform. Leaders from the LGBT and immigrant communities in Chicago are also invited to speak. Together they will announce their support for including same sex couples and their families in comprehensive immigration reform. They will also address the need for the LGBT and immigrant communities to be united in their efforts to pass legislation this year.

    Also participating in the press conference will be individuals who would benefit from the provision and who will tell their personal stories of their families being separated by America’s broken immigration system.
    ###

  • Kardashians “Nightline” Interview Sets Record Straight On Rumors

    The always-enterprising Kardashian women are setting the record straight on rumored plastic surgery, E!’s supposed wedding deal with Kourtney Kardashian-Odom, and Kris Jenner’s take on Kim’s nude centerfold on the pages of Playboy during a candid new interview with Nightline ABC Cynthia McFadden.

    Mom and Sisters dish tonight @ 11:35PM.


  • SoCal Angel Investing on Sluggish Pace as Investors Rethink Process

    Tech Coast Angels May 2010
    Bruce V. Bigelow wrote:

    Angel investing in Southern California remained sluggish during the first quarter of 2010, although individual investors’ overall mood seems to be improving, according to Tech Coast Angels chairman Richard Dudek.

    “Last year was the worst year since our inception,” says Dudek, a Laguna Niguel, CA, resident who oversees the 300-member organization. This is saying something, since the angel investing group was founded in 1997, merged with the San Diego Band of Angels in 2000, and now comprises five chapters throughout Southern California.

    The Tech Coast Angels made investments in five deals in the first quarter, and Dudek says, “I think we’re just slowly getting back to normal.”

    As we reported in March, the Tech Coast Angels says its members made $4.7 million in direct investments in seven new deals and 17 follow-on deals in 2009, and helped to attract an additional $57 million from other sources. The capital invested was down from $75 million in direct and affiliated investments, according to the Tech Coast Angels.

    During the first three months of 2010, Southern California’s angels invested about $1.6 million (out of a total $11.5 million) that went into funding five direct and follow-on rounds, according to Dudek. If this rate continues through the rest of the year, the Tech Coast Angels might not match the capital invested or the number of deals they did in 2009.

    But so far, it’s still too early to say. The Tech Coast Angels have been involved in three second-quarter deals that raised total funding of $2.9 million. One was for Amplyx Pharmaceuticals, a woman-owned biotech based in San Diego that Luke profiled last month. The angels also helped provide funding for Vokle, a live online video radio show based in the Los Angeles area, and MicroPower, a Beaverton, OR, designer of custom battery packs and charging systems.

    “In general, there is definitely a mood shift on the process of angel investing,” Dudek says. Where angels used to think about “the path to exit, they now look at what’s the path to funding,” Dudek says. “We need to be a lot more thoughtful about [the process] we need to get the company to that VC round.”

    The angels group, which is technically a nonprofit mutual benefit corporation, provided funding to two San Diego companies in the first quarter:

    Benchmark Revenue Management develops financial management software to help hospitals become more efficient and more effective through administrative efficiency gains facilitated by its technologies.

    Allylix has developed proprietary technology for producing a group of natural products called terpenes at low cost. In nature, terpenes are produced by plants in minute quantities and serve a variety of functions. Some act as flavors and fragrances, some are insect repellants, and others are anti-fungal, or anti-viral.

    The Tech Coast Angels also provided funding for three other startups in Southern California: Cyber-Rain, an Agoura Hills, CA, maker of wireless irrigation and waterflow control technologies; Vigilistics, an Irvine, CA, developer of industrial plant monitoring software; and H2Scan, a Valencia, CA, startup developing sensor technology that can detect hydrogen gas at concentrations as low as 15 parts per million.

    UNDERWRITERS AND PARTNERS



























  • Tunerfish Aims to Chart the Social Graph for Video

    A skunkworks project within Comcast dubbed Tunerfish that’s aimed at using game mechanics to chart the social graph for video was announced at TechCrunch Disrupt today. By enticing users to share what they’re watching with their friends, Tunerfish will create social recommendations while also rewarding those users for their influence in getting others to watch programming.

    Like a Foursquare for video, Tunerfish uses game mechanics to entice users to share what they’re watching with other members of their social circle, either through the Tunerfish site or a dedicated iPhone app, giving users badges and other awards for their checkins. Users can also comment on shows they or other are watching and have those comments show up on Twitter and Facebook.

    Users logged into the site are met with a list of trending shows, based upon what all Tunerfish users are watching, as well as a list of their friends’ activity. By charting which programs are popular, while also tracking what users are checking in and how they’re finding new types of content, Tunerfish will be able to build a sort of social graph for video viewing. The system will allow Tunerfish to determine the influence of certain users and provide awards as a result.

    According to John McCrea, founder of Tunerfish and VP of marketing for Comcast-owned social network Plaxo, the project was created by a team of four Plaxo developers in their spare time, from January through March. Once it got approval from Comcast execs, Tunerfish took on a life of its own.

    Tunerfish is currently in private alpha testing, but McCrea expects the site and a dedicated iPhone app to launch in public beta within the next few weeks. The group is also busy working on an Android app that will have all the same functionality.

    Related content on GigaOM Pro: New Business Models For Pay TV Services (subscription required)



    Alcatel-Lucent NextGen Communications Spotlight — Learn More »

  • Pandigital’s $200 Color e-reader Due in June, Supports Barnes & Noble

    Pandigital, a company known for digital picture frames, will be dropping their first e-reader, the Novel, next month. For $200, users will get a 7-inch color touch screen, WiFi (802.11 b/g/n) connectivity, and 1GB of internal storage. Like many other e-readers, the Novel supports PDF, EPUB, and HTML formats and features a mini-USB port for transferring files to and from a PC or Mac. There will be full support/integration with the Barnes & Noble eBookstore providing access to scores of books, magazines, and newspapers. Preloaded applications include a web browser, email client, alarm clock, and calendar. Don’t expect this to eat up too much of the nook market share as it will only have a limited release when it streets next month.

    Here’s a quick walkthrough of the Novel courtesy of CNET/Crave:

    Might We Suggest…

    • Devs Root the Barnes & Noble Nook

      “thought i would share this with you before going to bed. it took only 120 hours after launch (12/8/2009) 2 root #nook. world record? gnight”
      That was the last tweet from nookdevs last night. On…


  • Swaptree Gets New CEO, Funding

    Erin Kutz wrote:

    Swaptree, a Boston-based website enabling users to trade used books, DVDs, CDs, and video games, announced today that it has hired Jeff Bennett as its CEO, and said it has completed a $6 million round of funding. Bennett comes from NameMedia, a domain name marketplace, where he served as founder, president, and chief operating officer.  Swaptree’s newest funding round, led by Safeguard Scientifics, will go to new hires and marketing, and brings the company’s total capital raised to $11.95 million.  We wrote about the first $4.8 million of the round that the company pulled in during March.












  • Officially-licensed Street Fighter IV HDTVs are coming


    It’s a TV with Street Fighter IV branding. Just what the world needs. [ChipChick]


  • 8 Hedge Fund Managers Getting Hammered By The Fall In Financial Stocks (BAC, JPM, GS, C, CIT)

    David Tepper

    Financials have been a popular hedge fund investment since distressed debt became the investment en vogue back in 2009.

    And boy! Did they pay off in 2009.

    But each one of these managers stayed invested in financials last quarter (according to their 13F filings)…

    And if they’re are still in financials now, they’re getting hammered.

    Chris Shumway

    Chris Shumway

    Shumway Capital:

    • Almost $93 million in Bank of America (5.2 million shares)
    • $306 million in Goldman Sachs (1.8 million shares)
    • $163 million in JPMorgan (3.6 million shares)

    Phil Falcone

    Phil Falcone

    Harbinger:

    • $283.5 million in Citigroup (70 million shares)

    Steve Mandel

    Steve Mandel

    Lone Pine:

    • $273 million in Bank of America (15,277,033 shares)
    • Almost $800 million in JPMorgan (17,814,985 shares)

    Paulson

    Paulson

    Paulson & Co:

    • $3 billion in Bank of America (170 million shares)
    • ~$170 million in CIT (~4.5 million shares)
    • Over $2 billion in Citigroup (506.7 million shares)
    • $600 million in JPMorgan (almost 26 million shares)

    Bill Ackman

    Bill Ackman

    Pershing Square:

    • $91.5 million in CIT (2.35 million shares)

    Dan Loeb

    Dan Loeb

    Dan Loeb

    Image: screen grab from 1440wallsteet.com

    Third Point:

    • $91.6 million in Citigroup (2.35 million shares)

    David Einhorn

    David Einhorn

    Greenlight:

    • ~$420 million in CIT (10 million shares)

    David Tepper

    David Tepper

    Appaloosa:

    • $541.6 million in Bank of America (30.3 million shares)
    • $252.7 million in Citigroup (62.4 million shares)

    Now watch how their money disappeared over the last three months into each bank…

    Now watch how their money disappeared over the last three months into each bank...

    Bank of America (BAC) has dropped from $19.48 to ~$16.

    Bank of America (BAC) has dropped from $19.48 to ~$16.

    Goldman (GS) has gone from $184 to ~$140

    Goldman (GS) has gone from $184 to ~$140

    Citigroup (C) dropped from almost $5 to under $4

    Citigroup (C) dropped from almost $5 to under $4

    CIT went from $41.75 to ~$35

    CIT went from $41.75 to ~$35

    JPM fell from almost $48 to around $40

    JPM fell from almost $48 to around $40

    Ouch! Now see how they offset financials last quarter –>

    Ouch! Now see how they offset financials last quarter -->

    The 60-second guide to what hedge funds are invested in right now >

    Join the conversation about this story »

  • Nokia and Yahoo! announce details on strategic partnership

    Nokhoo

    Following up on our story last week about Nokia and Yahoo! announcing a partnership, we’ve finally got solid deatils on what this new alliance plans to achieve following the announcement this morning.  The two companies said that they will be merging their strengths in email, IM, and navigation services to enhance the experiences of all of their customers.  While there was no Nokhoo! Phone announched, the companies did lay out exactly how they will be merging their services together:

    • Nokia will be the exclusive, global provider of Yahoo!’s maps and navigation services, integrating Ovi Maps across Yahoo! properties, branded as “powered by Ovi.”
    • Yahoo! will become the exclusive, global provider of Nokia’s Ovi Mail and Ovi Chat services branded as “Ovi Mail / Ovi Chat powered by Yahoo!”
    • Nokia and Yahoo! plan to work on ID federation between their services, beginning by making it easy for people to use their Ovi user IDs across select Yahoo! properties to easily access the online content and services they need


    If you just can’t wait to get your hands on the product of this partnership, then we have good news for you: co-branded services should be available in the latter half of 2010 and released globally in 2011.  So now that all of the plans are laid out, do you think that this new partnership will help the two companies fight off Google and Android?

    Read the entire press release here.


  • Winners Of The Play Theme Giveaway Announced, Come Out And Play

    We finally have the winners of our Play Premium Theme contest. There were twenty winners of the detailed PS3 black and white theme. If you won, please let us know what you think after downloading and installing. So I’ll stop with the suspense and announce the winners…

    And the winners who get to Play are:

    • Louis
    • Lynn
    • Rondo
    • kata
    • abhinav
    • Jim
    • John
    • Josh D.
    • Ali Ramadan
    • Kenneth
    • Maia
    • Dervy
    • e
    • Lavelle
    • DavidB
    • Summer
    • Ziad
    • Michae lBelland
    • Scuebydue
    • Nathan

    This theme had many positive comments and I know hours went into making this as detailed as possible, I know you’re going to love it. He’s also told me that there are other themes of similar nature in the works, so keep in touch to stay posted. And to our winners, many thanks for your participation and comments, we really appreciate your insights. And Congratulations, let us know what you think of this theme.

    If you didn’t get a chance to participate in the contest, we still have a fantastic deal for our readers that’s exclusive. Built By Request is giving a 75% discount to our loyal readers for a limited time. When you follow the link, be sure to use the following code: BBSyncLoyalty

    Grab your copy of Play by Built By Request for 75% off from the BlackBerry Sync Store here

    You’re reading a story which originated at BlackBerrySync.com, Where you find BlackBerry News You Can Sync With…

    This story is sponsored by the new BlackBerry Sync Mobile App Store. Grab your free copy today at www.GetAppStore.com from your BlackBerry.

    Winners Of The Play Theme Giveaway Announced, Come Out And Play

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    2. Winners Of The BlackBerry Sync Belated Birthday Cocky Culture Giveaway Announced! Wow, try saying that five times fast. We finally…
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  • UT Chancellor Speaks at World Bank, Advocates for Research to Improve Fertilizers

    KNOXVILLE — Jimmy G. Cheek, chancellor of the University of Tennessee, Knoxville, and an expert in agricultural and natural resources, spoke today at a meeting of the International Fertilizer Development Center (IFDC) held at the World Bank in Washington, D.C.

    The two-day meeting marks the launch of the IFDC’s Virtual Fertilizer Research Center (VFRC), a new global research effort which seeks to develop and commercialize new clean, cost-effective and renewable fertilizer and improved processes. Cheek is chair of the VFRC.

    New and improved fertilizers are critical elements in the effort to help feed the world’s growing population, provide sustainable global food security and protect the environment, he explained.

    Cheek was senior vice president of agricultural and natural resources at the University of Florida before becoming chancellor of the UT Knoxville campus in 2009.

    “The need for innovative fertilizer research is a global issue that calls for a global response,” he said. “No ‘new’ fertilizer product has been developed in the last 25 years that is affordable for use on food crops in less developed countries.”

    He said there are widespread deficiencies in micronutrients — boron, chlorine, cooper, iron, manganese, molybdenum, selenium and zinc.

    “Research has already shown that enriching fertilizers with micronutrients not only has an impact in alleviating plant deficiencies but also makes a difference for humans and animals,” he said.

    The VFRC will partner with universities, public and private research laboratories and the global fertilizer and agribusiness industries to bring together the best scientific, business and government minds to tackle the issue. Startup funding for the center was provided by the U.S. Agency for International Development. Advisory board members hail from countries that include the U.S., Kenya, The Netherlands, India, France and China.

    “In the end, we will create a research system that produces more food with fewer wasted resources and a reduced environmental impact,” Cheek said.

    Cheek said there are more than 1 billion hungry people in the world. The world population is expected to exceed 9 billion by 2050, and food production will need to increase by 70 percent by 2050 to serve their needs.

    “More than 60 percent of the undernourished population lives in seven countries: Bangladesh, China, Democratic Republic of Congo, Ethiopia, India, Indonesia and Pakistan. Sub-Saharan Africa accounts for 265 million of the world’s undernourished population,” Cheek said. “Hunger is on the rise in many developing countries even through world cereal production is at the second-highest level ever.”

    C O N T A C T :

    Amy Blakely (865-974-5034, [email protected])

  • Report: Dodge getting new badge to support sporty image

    Filed under: , ,

    We first wrote about Dodge’s new logo way back in January, when the Dexter-voiced commercials were coming out and a Dodge logo was showing up at auto shows with two stripes at the end. According to Automotive News, that graphic has been officially discussed and endorsed by Dodge CEO Ralph Gilles for a new logo, and we even have the reason: “it signifies our sporty character.” How is that, you ask? Because “Most SRTs are Dodges,” and those two red “slashes” are the sign of the SRT.

    The slashes won’t appear on Dodge vehicles, however – only on signage and print materials. As it is rolled out in dealer showrooms, it will first be used to promote the 2011 Dodge Charger arriving later this year.

    [Source: Automotive News – sub. req.]

    Report: Dodge getting new badge to support sporty image originally appeared on Autoblog on Mon, 24 May 2010 11:20:00 EST. Please see our terms for use of feeds.

    Read | Permalink | Email this | Comments

  • Louisiana Realtor: Oil Is Having “Horrible, Just Horrific” Effect On Sales (BP, RIG, HAL, DRQ, TTI, CAM)

    carolynangelette

    A realtor at ground zero of the oil leak said the disaster was having a “horrible, just horrific” effect on sales.

    Carolyn Angelette said around 100 clients have canceled summer rentals in Grand Isle, LA. Other clients have postponed plans to buy a home until they see the full extent of oil damage. At this rate, she warns, her Century 21 office will go out of business.

    “Even if they were to stop the oil today, people will be fearful of coming out here and getting in the water,” Angelette said.

    Home prices in the beach town held steady during the housing crash, Angelette explained, as most Grand Isle buyers are looking for second homes. Property destruction during Hurricane Katrina was a greater problem. By this summer, however, the market was ready for a strong recovery.

    “The oil spill couldn’t have happened at a worse time,” Angelette said.

    Like her clients, Angelette fears the worst. She thinks chemical dispersants released by BP have made an even bigger toxic mess, which may turn Grand Isle into a uninhabitable wasteland, the next Love Canal.

    See pictures of the town covered in oil >>

    Disclosure: The author owns shares in BP and Transocean.

    Join the conversation about this story »

  • Really, the Senate's Volcker Rule Isn't Much Stronger Than the House's Version

    There’s some broad misunderstanding among a number of news outlets about some of the provisions in financial reform. That’s not entirely surprising, because these are huge, complicated bills. But major media outfits should try to get the big issues right. Numerous outlets continue to report that the Senate has a strong provision of the so-called Volcker Rule, which would prevent banks from proprietary trading, while the House bill doesn’t contain any version. This isn’t right.

    First, the Senate’s bill (.pdf) only sort of creates a proprietary trading ban. It says (in section 619):

    Subject to the recommendations and modifications of the Council under subsection (g), and except as provided in paragraph (2) or (3), the appropriate Federal banking agencies shall, through a rulemaking under subsection (g), jointly prohibit proprietary trading by an insured depository institution, a company that controls, directly or indirectly, an insured depository institution or is treated as a bank holding company for purposes of the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.), and any subsidiary of such institution or company.

    So yes, proprietary trading will be banned, subject to subsection (g). And that subsection says that the new Council of regulators will do a study to make sure that institutions are safer without prop trading and the ban doesn’t cause the cost of credit to increase, among other things. So this isn’t a slam dunk. If the Council decides that banning prop trading will harm banks and credit, then it will nullify the provision.

    Moreover, despite what new outlets are saying, the House’s bill (.pdf) actually does contain a provision that could do much the same thing. It says (in section 1117):

    If the Board determines that propriety trading by a financial holding company subject to stricter standards poses an existing or foreseeable threat to the safety and soundness of such company or to the financial stability of the United States, the Board may prohibit such company from engaging in propriety trading.

    Interestingly, the House version preceded the Obama administration championing the proposal and giving it the nickname of the Volcker Rule. It’s different than the Senate’s proposal for two main reasons. First, it doesn’t call for a blanket ban, but allows regulator discretion over which firms should not be allowed to engage in proprietary trading. Second, it gives the power to the Federal Reserve Board to determine which firms to ban from proprietary trading, instead of giving the Council this responsibility.

    So which provision is stronger? It could go either way. The Senate’s version calls for a blanket band, which might seem stronger. But the diverse group of regulators sitting on the Council must still consent — after doing an extensive study. The House version, however, gives the Fed more power to forbid whatever large firms it pleases from prop trading, without a study.

    Ultimately, it depends on the view of the Fed versus that of the Council. Opponents of the House version who favor the Volcker rule might complain that the Fed won’t ban big banks from prop trading, so the provision is useless. Of course, the same complaint could be made about the Senate version, if you believe the Council will ultimately decide not to enact the ban after its study.

    But it should be clear that each bill sort of calls for a ban on prop trading in its own way. They just disagree on how it should be done. That will have to be ironed out during the conference process. Expect to see something in between the House and Senate version, which would specifically exclude insurance companies and allow banks to continue to offer asset management to clients. House Financial Services Committee Chairman Barney Frank (D-MA) has already promised he will fight for these exclusions. The way the House bill is written, these exclusions would already exist.





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  • Supreme Court rules on time limits for employment discrimination suits

    Photo source or description

    [JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] unanimously in Lewis v. City of Chicago [Cornell LII backgrounder; JURIST report] that a plaintiff who fails to file a timely challenge against the adoption of a discriminatory employment practice can later file a disparate impact claim challenging the application of the practice. The question was whether a plaintiff seeking to bring a disparate impact employment discrimination suit must file a charge with the Equal Employment Opportunity Commission (EEOC) [official website] within 300 days after test results were released or 300 days after hiring decisions were announced. The US Court of Appeals for the Seventh Circuit ruled [opinion, PDF] that the statute of limitations began running when the allegedly disparate results were announced, not when hiring decisions were made. Writing for a unanimous court, Justice Antonin Scalia reversed the decision below, distinguishing disparate impact claims from disparate treatment claims:

    For disparate-treatment claims – and others for which discriminatory intent is required – that means the plaintiff must demonstrate deliberate discrimination within the limitations period. But for claims that do not require discriminatory intent, no such demonstration is needed. Our opinions, it is true, described the harms of which the unsuccessful plaintiffs in those cases complained as “present effect[s]” of past discrimination. But the reason they could not be the present effects of present discrimination was that the charged discrimination required proof of discriminatory intent, which had not even been alleged. That reasoning has no application when, as here, the charge is disparate impact, which does not require discriminatory intent.

    The case involved minority firefighters in Chicago who alleged that the city’s eligibility test had a discriminatory impact on African Americans.

    Last year, US President Barack Obama signed into law [JURIST report] the Lilly Ledbetter Fair Pay Act of 2009 [S 181 materials], extending the deadline for employees to sue their employers for unequal pay discrimination under a disparate treatment theory. The law’s “clarification” of equal pay protections effectively overturned the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co [opinion, PDF; JURIST report], which held that “a pay-setting decision is a discrete act that occurs at a particular point in time” and that the statutory period for filing a discrimination claim with the EEOC begins when that discrete act occurs. The new law altered Title VII of the Civil Rights Act of 1964 [text] to clarify that the six-month statute of limitations controlling racial, gender, or national origin employment discrimination suits is applicable to each instance of a discriminatory practice, including the receipt of each paycheck, not only to the initial discriminatory act. The initial lawsuit was brought by Lilly Ledbetter, a 19-year Goodyear employee, who alleged that she received less pay than male counterparts because of gender discrimination. The Supreme Court upheld the US Court of Appeals for the Eleventh Circuit’s reversal [opinion, PDF] of a district court decision awarding Ledbetter $360,000 in damages.

  • Does Your City Spend A Lot On Eating?

    When it comes to spending on munching and swigging, how do you think your city stacks up? Bundle crunched the numbers and turned it into a plump and juicy infographic, served up piping hot inside…

    foodanddrinkspending.jpg

    Everything is bigger in Texas, so perhaps it’s no surprise that Austin came out on top, with $12,447 spent per household per year. Five average Detroit households, the nation’s lowest spenders, can eat on one Austinite’s food budget. The most home-cookingest city? Hialeah, Florida. They spend 69% of their budget on groceries. Oddly for a place known for its unique take on dishes, Chicago is only a few slots above the national average.

    What interesting or unexpected trends can you spot? How does your city rank? Are you throwing the curve for your whole city? Leave your thoughts in the comments.

    For more analysis and info about methodology, check out Bundle’s “The truth about food spending in America