Health insurer sued over disclosure of exclusions

A health insurer owned by two Wall Street giants is headed to trial next week over claims it misled a San Bernardino County couple into buying a policy that left them with more than $140,000 in unpaid medical bills from cancer treatment.

Norman and Kathleen Carter of Yucaipa are battling their insurance company, even as Kathleen continues to fight abdominal cancer.

The couple sued a unit of HealthMarkets Inc. in August 2011 in Superior Court for fraud and breach of contract, accusing the company and its insurance agent of deliberately misrepresenting the health plan benefits. The insurer has denied any wrongdoing in court filings, and the case is scheduled for trial Wednesday.

HealthMarkets and its three subsidiaries, Mid-West National, Mega Life and Health and Chesapeake Life, cater to individual policyholders and the self-employed, and they have run into regulatory trouble for years.

The San Bernardino County case highlights the struggles many consumers face trying to understand the benefits and limits of coverage when choosing a health plan. In 2014, the federal healthcare law imposes new rules aimed at preventing insurers from selling policies with confusing exclusions that can result in large, unforeseen medical expenses for consumers.

The Carters said they purchased a Cover America plan from Mid-West National in 2004 to provide coverage for major illnesses and protect them from incurring significant medical debt. They said one of the company's insurance agents, Joseph Bertino, assured them they were purchasing up to $1 million in coverage.

Bertino couldn't be reached for comment. A spokeswoman for HealthMarkets declined to comment on the pending litigation.

Early last year, Kathleen Carter was diagnosed with a form of abdominal cancer called primary peritoneal carcinoma. The dental hygienist, 63 at the time, spent nearly four weeks in the hospital, underwent surgery and began chemotherapy.

Kathleen Carter said she was shocked when she opened a bill showing that her insurer had labeled most of her care as "miscellaneous" hospital charges, for which her policy would pay only up to $18,000 per hospital stay.

The insurance company paid roughly $30,000 toward her care, according to the lawsuit. The Carters said that left them owing more than $140,000 to Loma Linda University Medical Center and other providers. Her 64-year-old husband, Norman, is an orthodontist in Chino and both of them taught at Loma Linda University.

"You expect your insurance company to help you out with the major stuff when you've been paying premiums for years," Kathleen Carter said. "I quit answering the phone because we were getting all these calls from debt collectors about the medical bills."

Kathleen Carter, who recently turned 65 and became eligible for Medicare, is now undergoing a second round of chemotherapy.

HealthMarkets, based in North Richland Hills, Texas, paid $20 million in 2008 to settle an investigation involving California and 47 other states that accused it of deceptive business practices and misrepresentations.

In 2009, HealthMarkets paid $17 million to resolve similar allegations brought by the Massachusetts attorney general and was banned from selling policies in that state for five years.

The Los Angeles city attorney's office sued HealthMarkets in 2010 in state court over allegations of unfair business practices after it reviewed numerous consumer complaints. No trial date has been set. HealthMarkets declined to comment on the city's suit.

Private equity firm Blackstone Group and the private equity arm of investment bank Goldman Sachs Group Inc. bought a majority stake in HealthMarkets in 2006. A spokeswoman for Goldman declined to comment and a representative for Blackstone couldn't be reached.

Washington state regulators, who led the previous multistate investigation into HealthMarkets, levied an additional $325,000 fine earlier this year because the company failed to satisfy some requirements of the 2008 settlement related to agent training and oversight.

"HealthMarkets did have many issues we had concerns with especially regarding oversight of their agents, but it's not the same company today," said Stephanie Marquis, a spokeswoman for the Washington state insurance commissioner. "The key areas we had issues with no longer exist."

William Shernoff, a lawyer in Claremont representing the Carters, said the tougher regulations in the federal healthcare law are needed to better protect consumers. "People may think they have good coverage," he said, "and it may be too late when they find out that's not the case."

chad.terhune@latimes.com

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'Dallas' star Larry Hagman dies in Texas

J.R. Ewing was a business cheat, faithless husband and bottomless well of corruption. Yet with his sparkling grin, Larry Hagman masterfully created the charmingly loathsome oil baron — and coaxed forth a Texas-size gusher of ratings — on television's long-running and hugely successful nighttime soap, "Dallas."

Although he first gained fame as nice guy Major Tony Nelson on the fluffy 1965-70 NBC comedy "I Dream of Jeannie," Hagman earned his greatest stardom with J.R. The CBS serial drama about the Ewing family and those in their orbit aired from April 1978 to May 1991, and broke viewing records with its "Who shot J.R.?" 1980 cliffhanger that left unclear if Hagman's character was dead.

The actor, who returned as J.R. in a new edition of "Dallas" this year, had a long history of health problems and died Friday due to complications from his battle with cancer, his family said.

"Larry was back in his beloved hometown of Dallas, re-enacting the iconic role he loved the most. Larry's family and closest friends had joined him in Dallas for the Thanksgiving holiday," the family said in a statement that was provided to The Associated Press by Warner Bros., producer of the show.

The 81-year-old actor was surrounded by friends and family before he passed peacefully, "just as he'd wished for," the statement said.

Linda Gray, his on-screen wife and later ex-wife in the original series and the sequel, was among those with Hagman in his final moments in a Dallas hospital, said her publicist, Jeffrey Lane.

"He brought joy to everyone he knew. He was creative, generous, funny, loving and talented, and I will miss him enormously. He was an original and lived life to the fullest," the actress said.

Years before "Dallas," Hagman had gained TV fame on "I Dream of Jeannie," in which he played an astronaut whose life is disrupted when he finds a comely genie, portrayed by Barbara Eden, and takes her home to live with him.

Eden recalled late Friday shooting the series' pilot "in the frigid cold" on a Malibu beach.

"From that day, for five more years, Larry was the center of so many fun, wild and sometimes crazy times. And in retrospect, memorable moments that will remain in my heart forever," Eden said.

Hagman also starred in two short-lived sitcoms, "The Good Life" (NBC, 1971-72) and "Here We Go Again" (ABC, 1973). His film work included well-regarded performances in "The Group," ''Harry and Tonto" and "Primary Colors."

But it was Hagman's masterful portrayal of J.R. that brought him the most fame. And the "Who shot J.R.?" story twist fueled international speculation and millions of dollars in betting-parlor wagers. It also helped give the series a place in ratings history.

When the answer was revealed in a November 1980 episode, an average 41 million U.S. viewers tuned in to make "Dallas" one of the most-watched entertainment shows of all time, trailing only the "MASH" finale in 1983 with 50 million viewers.

It was J.R.'s sister-in-law, Kristin (Mary Crosby) who plugged him — he had made her pregnant, then threatened to frame her as a prostitute unless she left town — but others had equal motivation.

Hagman played Ewing as a bottomless well of corruption with a charming grin: a business cheat and a faithless husband who tried to get his alcoholic wife, Sue Ellen (Gray), institutionalized.

"I know what I want on J.R.'s tombstone," Hagman said in 1988. "It should say: 'Here lies upright citizen J.R. Ewing. This is the only deal he ever lost.'"

On Friday night, Victoria Principal, who co-starred in the original series, recalled Hagman as "bigger than life, on-screen and off. He is unforgettable, and irreplaceable, to millions of fans around the world, and in the hearts of each of us, who was lucky enough to know and love him."

Ten episodes of the new edition of "Dallas" aired this past summer and proved a hit for TNT. Filming was in progress on the sixth episode of season two, which is set to begin airing Jan. 28, the network said.

There was no immediate comment from Warner or TNT on how the series would deal with Hagman's loss.

In 2006, he did a guest shot on FX's drama series "Nip/Tuck," playing a macho business mogul. He also got new exposure in recent years with the DVD releases of "I Dream of Jeannie" and "Dallas."

Dallas Mayor Mike Rawlings said Saturday morning in a statement that Hagman's role as J.R. helped the city gain "worldwide recognition."

"Larry is a North Texas jewel that was larger than life and he will be missed by many in Dallas and around the world," Rawlings said.

The Fort Worth, Texas, native was the son of singer-actress Mary Martin, who starred in such classics as "South Pacific" and "Peter Pan." Martin was still in her teens when he was born in 1931 during her marriage to attorney Ben Hagman.

As a youngster, Hagman gained a reputation for mischief-making as he was bumped from one private school to another. He made a stab at New York theater in the early 1950s, then served in the Air Force from 1952-56 in England.

While there, he met and married young Swedish designer Maj Axelsson. The couple had two children, Preston and Heidi, and were longtime residents of the Malibu beach colony that is home to many celebrities.

Hagman returned to acting and found work in the theater and in such TV series as "The U.S. Steel Hour," ''The Defenders" and "Sea Hunt." His first continuing role was as lawyer Ed Gibson on the daytime serial "The Edge of Night" (1961-63).

He called his 2001 memoir "Hello Darlin': Tall (and Absolutely True) Tales about My Life."

"I didn't put anything in that I thought was going to hurt someone or compromise them in any way," he told The Associated Press at the time.

Hagman was diagnosed in 1992 with cirrhosis of the liver and acknowledged that he had drank heavily for years. In 1995, a malignant tumor was discovered on his liver and he underwent a transplant.

After his transplant, he became an advocate for organ donation and volunteered at a hospital to help frightened patients.

"I counsel, encourage, meet them when they come in for their operations, and after," he said in 1996. "I try to offer some solace, like 'Don't be afraid, it will be a little uncomfortable for a brief time, but you'll be OK.' "

He also was an anti-smoking activist who took part in "Great American Smoke-Out" campaigns.

Funeral plans had not been announced as of Saturday morning.

"I can honestly say that we've lost not just a great actor, not just a television icon, but an element of pure Americana," Eden said in her statement Friday night. "Goodbye, Larry. There was no one like you before and there will never be anyone like you again."

___

Associated Press writers Erin Gartner in Chicago and Shaya Mohajer in Los Angeles, and AP Television Writer Frazier Moore in New York contributed to this report.

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Toyota on track to become world's bestselling automaker again

Toyota Motor Corp. appears poised to regain its position as the world's largest automaker, a remarkable turnaround after years of safety recalls, huge federal fines and the Japanese earthquake last year.

In short order, surging sales have put that all in the rearview mirror.

Toyota is likely to sell 9.7 million vehicles this year, surpassing second-place General Motors Co. by more than 1 million vehicles and setting a record for annual auto sales. That's generating huge profits, with earnings tripling in the latest quarter to $3.2 billion and sales surging almost 20% compared with a year earlier.

The U.S. — where Toyota's reputation suffered most through the recalls — is now a cash cow. Through the first 10 months of the year, the Japanese automaker sold more than 1.7 million cars and trucks in the country, a 30% gain and more than double the industry growth rate.

"Toyota has done some smart things," said Rebecca Lindland, an analyst with IHS Automotive. "They have concentrated a lot of time and effort on the U.S., which is incredibly important because they make so much money here."

The Japanese automaker has launched 11 new or completely redesigned models in the U.S. in the last year, including new station wagon and commuter versions of its popular Prius hybrids. On Wednesday, the first day of the Los Angeles Auto Show, it will launch a new-generation RAV4 sport utility vehicle. The current model is an aging vehicle facing stiff competition from newly redesigned offerings such as Ford Motor Co.'s Escape and Honda Motor Co.'s CR-V.

Toyota has ramped up its factories in the U.S., opening a Corolla plant in Mississippi and expanding pickup truck manufacturing in Texas. And at the urging of Chief Executive and founding-family member Akio Toyoda, the automaker is looking to inject some panache into its historically bland styling, especially for its Lexus luxury division.

Toyota now accounts for 14.4% of the U.S. auto market, up from 12.6% during the first 10 months of 2011. In retail — not including rental and fleet sales — the Toyota brand is the biggest in the U.S., outselling GM's Chevrolet.

Lynne Thomas, a Santa Monica resident who works in the restaurant industry, bought a Toyota Prius C hybrid in October after considering other fuel-efficient vehicles including the Smart fortwo, Fiat 500 and Volkswagen Jetta.

"I love the mileage. I'm getting more than 50 mpg," Thomas said. "It fits my lifestyle completely. It is easy to park in this crazy city. I can put my bike in the back and drive somewhere and do an amazing bike ride. It works really well in stop-and-go traffic."

The company is expanding its factory network in the U.S. as part of a strategy to manufacture in regional markets and blunt the profit-eating consequences of the Japanese yen's strong exchange rate with the dollar. It has put $1.4 billion into U.S. factories and equipment in the last year, adding more than 2,700 jobs, on top of the 1,300 positions created in the U.S. the previous year.

The expansion comes after Toyota's controversial decision to close the New United Motor Manufacturing Inc. plant in Fremont, Calif., displacing nearly 5,000 workers in early 2010. Toyota shut the plant after GM, as part of its bankruptcy reorganization, pulled out of joint manufacturing there.

Toyota also is shipping more U.S.-built vehicles abroad. In the first 10 months of this year, it exported 74,000 U.S.-built cars to Canada and Mexico and 29,000 to overseas markets. It is sending Kentucky-built Camrys to South Korea and Indiana-built Sequoias to Saudi Arabia. Exports of U.S.-built Toyotas are on track to rise more than 50% this year.

Just three years ago, Toyota was the second-largest auto seller in America, with 17% of the market, and was closing in on a crippled GM, which was struggling with the stigma of bankruptcy and a federal bailout. But Toyota was derailed in a series of embarrassing recalls. In one high-profile accident, an improperly positioned floor mat in a sedan from Toyota's Lexus luxury division may have trapped the accelerator — causing the car to race down California Highway 125 near San Diego at more than 100 mph. The car crashed and burned, killing off-duty California Highway Patrol Officer Mark Saylor and three members of his family.

That crash led to a safety investigation and recall of 3.8 million Toyota and Lexus vehicles to fix the floor mat problem. After a Los Angeles Times series on unintended sudden acceleration, Toyota issued millions more recall notices to fix sticking gas pedals and other issues. Then, two years ago, Toyota paid record federal fines of nearly $50 million for failing to promptly inform regulators of defects and for delaying recalls. At one point it had to halt much of its production of new cars in the U.S. to fix recalled vehicles.

Just as the automaker started to recover, it was hobbled by last year's earthquake and tsunami in Japan, which upended Toyota's manufacturing even on American soil. Toyota's share of U.S. auto sales slid to 12.9%, well below GM's and Ford's.

Several factors have helped Toyota survive the recalls and disaster-related production shutdowns, said James E. Lentz, CEO of Toyota Motor Sales, the automaker's U.S. marketing arm.

First, there was "the loyalty of our consumers as we went from the financial crisis to the recalls to the tsunami," he said. "They stayed with us for the entire time."

Lentz is thankful for customers such as Evan Rabinowitz of Sherman Oaks, who bought a Camry sedan in August.

"I didn't look at anything else because I never had an issue with my 2008 Camry. Going back to Toyota was a no-brainer," said Rabinowitz, who owns a fabric business. He said his previous Toyota was recalled twice to fix pedal issues, but that work was done quickly and well and didn't dissuade him from purchasing another Camry.

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Gazans sweep up, head home as truce holds through first day

Members of the Attar family, Palestinians who were displaced during the eight-day conflict with Israel, return to their home in the Atatra area in the northern Gaza Strip on Thursday, a day after a cease-fire took hold. (Marco Longari / AFP/Getty Imagesa / November 22, 2012)

By Edmund Sanders

November 22, 2012, 10:14 a.m.

RAFAH, Gaza Strip – As the truce between Israel and Hamas appeared to be enduring through its first 24 hours, Gazans spent Thursday sweeping up, digging out and looking forward.

Hamas declared a public holiday, but most shops and many businesses opened their doors. Israeli warships were replaced on the horizon with Palestinian fishing boats for the first time in a week.

Having endured many conflicts, it’s a day-after drill Gazans know well. Residents who sought shelter in United Nations schools went home. A steady stream of families returning from Egypt arrived at the Rafah border crossing. Bulldozers tried to clear alternate roads around bombed-out bridges.

PHOTOS: Gaza conflict

Glass shop owner Kamal Habboush, 45, had seven walk-in customers by lunchtime to replace broken windows. Usually he’s lucky to have one.

But after 16 years in the business, he predicts the real rush won’t come for a few more days.

“People tend to wait to make sure the fighting is really over,’’ he said. “Just in case.”

TIMELINE: Israel-Gaza conflict

The eight-day conflict left at least 162 Palestinians and six Israelis dead. The Israeli military reported the sixth death Thursday, saying a soldier had died from injuries sustained in a rocket attack by Gazan militants, the Associated Press reported.

ALSO:

Gaza City's Mukhabarat building defies Israeli airstrikes

Israel-Hamas cease-fire gives each side enough to claim success

Judge questions former French leader Sarkozy in fundraising probe

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Lawsuit against Madonna dismissed in Russia

ST. PETERSBURG, Russia (AP) — A Russian court on Thursday dismissed a lawsuit that sought millions of dollars in damages from Madonna for allegedly traumatizing minors by speaking up for gay rights during a concert in St. Petersburg.

The ruling came after a one-day hearing that bordered on the farcical. During it, plaintiffs claimed that Madonna's so-called "propaganda of perversion" would negatively affect Russia's birthrate and erode the nation's defense capability by depriving the country of future soldiers. At one point, the judge threatened to expel journalists from the courtroom if they laughed too much.

In the end, the Moskovsky district court in St. Petersburg threw out the Trade Union of Russian Citizens' lawsuit and the 333 million rubles ($10.7 million) it sought from the singer for allegedly exposing youths to "homosexual propaganda."

Madonna did not attend the trial, and her publicist Liz Rosenberg said Thursday the star wouldn't comment about it.

Anti-gay sentiment is strong in Russia, particularly in St. Petersburg, where local legislators passed a law in February that made it illegal to promote homosexuality to minors. Six months later, Madonna criticized the law on Facebook, then stood up for gay rights during a concert in St. Petersburg that drew fans as young as 12.

"Who will children grow up to be if they hear about the equal rights of the lesbian lobby and manly love with traditional sexual relations?" one of the plaintiffs, Darya Dedova, testified Thursday. "The death rate prevails over the birth rate in the West; young guys are becoming gender neutral."

The plaintiffs submitted evidence about gay culture drawn from Wikipedia pages, claiming that a real encyclopedia could not have articles about homosexuality.

"We aren't against homosexual people, but we are against the propaganda of perversion among minors," Dedova told the court. "We want to defend the values of a traditional family, which are currently in crisis in this country. Madonna violated our laws and she should be punished."

Madonna, who performed in Moscow and St. Petersburg in August as part of her world tour, also angered Russian officials by supporting jailed members of the Russian punk band Pussy Riot. The American said during her Moscow concert that she would "pray for them," then turned around so the audience could see the words "Pussy Riot" written on her back. The singer also donned a ski mask similar to those worn by Pussy Riot.

Despite international outrage, three of that band's members were sentenced to two years in jail on hooliganism charges for performing a "punk prayer" at Moscow's main cathedral, during which they pleaded with the Virgin Mary to deliver Russia from President Vladimir Putin. One of the Pussy Riot members was later released from jail on appeal, but the other two were sent to prison camps to serve their sentences.

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Seddon reported from Moscow.

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Recipes for Health: Apple Pear Strudel — Recipes for Health

Andrew Scrivani for The New York Times

This strudel is made with phyllo dough. When I tested it the first time, I found that I had enough filling for two strudels. Rather than cut the amount of filling, I increased the number of strudels to 2, as this is a dessert you can assemble and keep, unbaked, in the freezer.

Filling for 2 strudels:

1/2 pound mixed dried fruit, like raisins, currants, chopped dried figs, chopped dried apricots, dried cranberries

1 1/2 pounds apples (3 large) (I recommend Braeburns), peeled, cored and cut in 1/2-inch dice

1 tablespoon fresh lemon juice

2 tablespoons unsalted butter for cooking the apples

1/4 cup (50 grams) brown sugar

1 teaspoon vanilla

1 teaspoon cinnamon

1/2 teaspoon freshly grated nutmeg

1/4 cup (30 grams) chopped or slivered almonds

3/4 pound (1 large or 2 small) ripe but firm pears, peeled, cored and cut in 1/2-inch dice

For each strudel:

8 sheets phyllo dough

7/8 cup (100 grams) almond powder, divided

1 1/2 ounces butter, melted, for brushing the phyllo

1. Preheat the oven to 375 degrees. Line 2 sheet pans with parchment.

2. Place the dried fruit in a bowl and pour on hot or boiling water to cover. Let sit 5 minutes, and drain. Toss the apples with the lemon juice.

3. Heat a large, heavy frying pan over high heat and add 2 tablespoons butter. Wait until it becomes light brown and carefully add the apples and the sugar. Do not add the apples until the pan and the butter are hot enough, or they won’t sear properly and retain their juice. But be careful when you add them so that the hot butter doesn’t splatter. When the apples are brown on one side, add the vanilla, cinnamon, nutmeg and almonds, flip the apples and continue to sauté until golden brown, about 5 to 7 minutes. Stir in the pears and dried fruit, then scrape out onto one of the lined sheet pans and allow to cool completely. Divide into two equal portions (easiest to do this if you weigh it).

4. Place 8 sheets of phyllo dough on your work surface. Cover with a dish towel and place another, damp dish towel on top of the first towel. Place a sheet of parchment on your work surface horizontally, with the long edge close to you. Lay a sheet of phyllo dough on the parchment. Brush lightly with butter and top with the next sheet. Continue to layer all eight sheets, brushing each one with butter before topping with the next one.

5. Brush the top sheet of phyllo dough with butter. Sprinkle on half of the almond powder (50 grams). With the other half, create a line 3 inches from the base of the dough, leaving a 2 1/2-inch margin on the sides. Top this line with one portion of the fruit mixture. Fold the bottom edge of the phyllo up over the filling, then fold the ends over and roll up like a burrito. Using the parchment paper to help you, lift the strudel and place it on the other parchment-lined baking sheet. Brush with butter and make 3 or 4 slits on the diagonal along the length of the strudel. Repeat with the other sheets of phyllo to make a second strudel. If you are freezing one of them, double-wrap tightly in plastic.

6. Place the strudel in the oven and bake 20 minutes. Remove from the oven, brush again with butter, rotate the pan and return to the oven. Continue to bake for another 20 to 25 minutes, or until golden brown. Remove from the heat and allow to cool for at least 15 minutes. Serve warm or room temperature.

Yield: 2 strudels, each serving 8

Advance preparation: The fruit filling will keep for a couple of days in the refrigerator. The strudel can be baked a few hours before serving it. Recrisp in a medium oven for 10 minutes. It can also be frozen before baking, double-wrapped in plastic. Transfer directly from the freezer to the oven and add 10 minutes to the baking time.

Nutritional information per serving: 259 calories; 13 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 5 grams monounsaturated fat; 15 milligrams cholesterol; 34 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium; 4 grams protein

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

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Car Review: Nissan Pathfinder takes a new road

To see the evolution of the SUV market, park the all-new 2013 Nissan Pathfinder next to its first-generation ancestor from 1985. They share nothing but a name tag.

That's hardly unique to Nissan Motor Co. When sport utility vehicles started crowding mall parking lots in the mid-1980s, they were little more than rear-wheel-drive truck frames with a square box strapped to their backs. Capable and rugged, they offered little comfort or efficiency. Three decades later, most SUVs are essentially station wagons with a hormone problem. Nearly all share a platform with a front-wheel-drive sedan. Fuel efficiency and comfort must now be balanced with practicality, towing capacity and value.

Some find this balance better than others. The 2013 Pathfinder finds it better than most.

Much bigger than its predecessor, the new Pathfinder now comfortably seats seven adults in three rows of seats. To do this, Nissan stretched the Pathfinder's length by 5 inches and its width by more than 4 inches.

That cleared out 7 more inches of legroom in the middle row. But that gain comes with an asterisk: It's measured with the middle seat adjusted all the way back, at the expense of back-row passengers. Third row passengers get 2 more inches of legroom, and both the middle and rear seats fold flat for cargo. Overall, the Pathfinder's interior is more than 8 cubic feet larger.

This Nissan's bigger insides mean it's bigger on the outside too, so be prepared to steer a lot of vehicle. The Pathfinder's girth gives it the turning radius of your average battleship. Speed-sensitive steering helps, but the Pathfinder still feels big.

It also looks big. More curves and softer lines can't mask this Nissan's newfound width. Adding to its visual mass are large, angled headlights. Their lines then flow into a trapezoid grille trimmed with thick chrome bars. Meanwhile, the front bumper juts forward, giving the Pathfinder a bit of a snout. The upscale Pathfinder Platinum I tested added additional bits of chrome around the exterior and 20-inch alloy wheels.

Fortunately my $39,995 tester also came standard with a feature borrowed from several Infiniti vehicles called Around View. While you park, the view from a camera on each side of the Pathfinder is stitched together on the navigation screen to form a bird's-eye view of the entire vehicle. It's awesome; expect plenty of Nissan dealers to earn their holiday bonus selling customers on this feature.

But the Pathfinder's growth has little effect on its weight. The previous Pathfinder used a heavier body-on-frame setup like that of a pickup truck. Bowing to the aforementioned trend for SUVs, the 2013 model now uses the same unibody construction found on competitors such as the Dodge Durango, Ford Explorer, Mazda CX-9 and Toyota Highlander. It also shares a front-wheel-drive crossover platform with its mechanical twin, the Infiniti JX, and Nissan's smaller Murano. The switch from the prior Pathfinder's setup means ground clearance on the 2013 model drops by more than 2 inches, so if you are finding paths, make sure they're at least gravel.

The switch helps shed several hundred pounds and gives the Pathfinder class-leading fuel economy. The two-wheel-drive model I tested is rated at 20 mpg in the city and 26 on the highway, gains of 5 mpg and 4 mpg, respectively. During 350 miles of more city than highway driving, I averaged 19 mpg on regular-grade gas.

A new and more fuel-efficient transmission also reduces thirst. Nissan has been busy dropping a continuously variable transmission — the kind with no fixed gears — into recent models such as the mid-size Altima and compact Sentra sedans and the Quest minivan. So it should come as no surprise that a CVT is the only option on the Pathfinder.

It's paired with a single engine option as well: a 3.5-liter V-6 that Nissan borrowed from its Altima makes 260 horsepower and 240 pound-feet of torque. On paper, these figures put the Pathfinder toward the bottom of its class for six-cylinder engines. But on the road, this SUV does not lack for power. Both the engine and transmission do their jobs without drama, leaving all seven passengers to enjoy not being squished together in the quiet, comfortable cabin.

Spring for the Platinum model and your charges will also get to enjoy amenities pulled right out of the Pathfinder's upscale cousin, the Infiniti JX. My test vehicle came with items including leather seats, heated and cooled up front, a touch-screen navigation system with traffic updates, a 13-speaker Bose sound system, power liftgate, Bluetooth streaming audio and the aforementioned Around View monitor.

The only other options offered are the $2,300 premium package — dual moon roofs and a rear-seat entertainment system with dual DVD screens — and all-wheel-drive, for $1,600. The base Pathfinder starts at $29,095 and comes with a 4-inch color trip computer, push-button start, three-zone climate control, six-speaker sound system with a six-disc CD changer and steering wheel-mounted controls.

All models include safety features such as anti-lock brakes, six air bags, traction control and the LATCH system for child seats.

Rather than stand out in one or two areas while compromising performance in others, the 2013 Pathfinder does nearly everything well. Nissan realized that most SUV buyers will be finding paths much less often than they'll be finding parking, and has adjusted this vehicle's ethos accordingly. It's not the Pathfinder of yore, and that's just fine.

david.undercoffler@latimes.com

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Feds charge former hedge fund manager in big insider-trading case

WASHINGTON -- Federal prosecutors on Tuesday charged a former hedge fund portfolio manager with securities fraud in connection with what they said was the most lucrative insider-trading case ever prosecuted.

In complaints filed in New York, authorities said investment advisors and hedge funds made more than $276 million in illegal profits or avoided losses by trading before the announcement in 2008 of negative results from clinical trials for an Alzheimer's disease drug being developed by Elan Corp. and Wyeth.

Prosecutors charged Mathew Martoma, a former portfolio manager at CR Intrinsic, an unregistered investment adviser, with securities fraud for allegedly illegally using information about the clinical trial results that he obtained from a neurologist at a hospital involved in the testing.

The criminal complaint did not name the neurologist, which it said was a cooperating witness in the case.

The Securities and Exchange Commission filed a a related civil suit Tuesday against Martoma, CR Intrinsic and Dr. Sidney Gilman, a neurology professor at the University of Michigan Medical School. The SEC suit said Gilman was chairman of the safety monitoring committee overseeing the clinical trials of the Alzheimer's drug.

Martoma met Gilman some time between 2006 and 2008 through paid consultations, the SEC complaint says. "During these consultations, Gilman provided Martoma with material, nonpublic information about the ongoing trial," the SEC complaint said.

In mid-July 2008, "Gilman provided Martoma with the actual, detailed results of the clinical trial" before an official announcement on July 29, 2008, the SEC said.

The FBI, SEC and U.S. attorney's office in New York scheduled a 12:30 p.m. EST news conference to discuss the case.

"The charges unsealed today describe cheating coming and going – specifically, insider trading first on the long side, and then on the short side, on a scale that has no historical precedent," said Preet Bharara, U.S. attorney for Manhattan.  "As alleged, by cultivating and corrupting a doctor with access to secret drug data, Mathew Martoma and his hedge fund benefited from what might be the most lucrative inside tip of all time."

Follow Jim Puzzanghera on Twitter and Google+.

Also:

Senate moves insider trading bill to Obama's desk.

Baseball star Eddie Murray settles insider-trading investigation.

Former Goldman Sachs director Rajat Gupta guilty of insider trading.

http://articles.latimes.com/2012/aug/17/business/la-fi-sec-murray-20120818

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News Summary: India outrage over Facebook arrests

WHAT HAPPENED: As India‘s financial capital shut down for the weekend funeral of a powerful politician linked to waves of mob violence, a woman posted on Facebook that the closures in Mumbai were “due to fear, not due to respect.” A friend of hers hit the “like” button. For that, both women were arrested.

THE RATIONALE: The arrests were seen as a move by police to prevent any outbreak of violence by supporters of Bal Thackeray, a powerful Hindu fundamentalist politician who died Saturday.

THE REACTION: But analysts and the media are slamming the Maharashtra state government for what they said was a flagrant misuse of the law and an attempt to curb freedom of expression.

Social Media News Headlines – Yahoo! News

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Ex-'Price is Right' model wins suit against show

LOS ANGELES (AP) — A Los Angeles jury says a former model on "The Price is Right" was discriminated against by producers because of her pregnancy.

The Superior Court jury awarded $776,944 to Brandi Cochran on Tuesday after deliberations that began last week.

City News Service reports that a second phase of the trial will determine whether Cochran should be awarded punitive damages.

The 41-year-old Cochran is a former Miss USA. She claimed she was rejected by producers when she tried to rejoin "The Price is Right" in 2010 after taking maternity leave.

FremantleMedia North America, one of the producers named in the suit, blamed the verdict on a "flawed process." It says that key evidence was excluded by the court.

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Global Update: Meningitis Vaccine Gets Longer Window Without Refrigeration

In what may prove to be a major advance for Africa’s “meningitis belt,” regulatory authorities have decided that a new meningitis vaccine could be stored without refrigeration for up to four days.

The announcement was made last week at a conference in Atlanta of the American Society of Tropical Medicine and Hygiene. While a few days may seem trivial, the hardest part of protecting poor countries is often keeping a vaccine cold while moving it from electrified cities to villages with no power. In antipolio drives, for example, the freezers, generators and fuel needed to make ice for the shoulder bags of vaccinators can cost more than the vaccine.

The new vaccine, MenAfriVac, made in India for 50 cents a dose, was introduced in 2010. In bad years, epidemics during the hot harmattan winds have killed as many as 25,000 Africans and disabled 50,000 more. In Chad this year, vaccination drove down cases to near zero in districts where it was used, while others nearby had serious outbreaks.

Experts decided that the vaccine is safe for four days as long as it stays below 104 degrees.

While temperatures get higher than that in Africa, said Dr. Godwin Enwere, medical director for the Meningitis Vaccine Project, teams normally get the vaccine out of coolers at dawn, drive to villages and finish before the day heats up. Other experts said it should be kept in the shade and monitored with colored paper “dots” that darken after hours in the heat.

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Fed chairman urges Obama, Congress to try to avoid 'fiscal cliff'

WASHINGTON — Federal Reserve Chairman Ben S. Bernanke urged President Obama and Congress to shield the fragile economy from the full brunt of the so-called fiscal cliff or risk another recession just as the recovery is taking hold.

Speaking Tuesday at the New York Economic Club, Bernanke warned that the Fed doesn't have the tools left to offset the one-two punch of significantly higher taxes and sharply reduced government spending set to begin in January.

"Coming together to find fiscal solutions will not be easy, but the stakes are high," Bernanke said.

The housing market recently has shown "some clear signs of improvement," but the economic recovery still faces significant head winds. Among them is U.S. fiscal policy, which he said "may intensify in force in coming quarters."

"Congress and the administration will need to protect the economy from the full brunt of the severe fiscal tightening at the beginning of next year that is built into current law — the so-called fiscal cliff," he said.

"The realization of all of the automatic tax increases and spending cuts that make up the fiscal cliff, absent offsetting changes, would pose a substantial threat to the recovery," Bernanke said.

He noted that the Congressional Budget Office and many economists project "a fiscal shock of that size would send the economy toppling back into recession."

If the White House and Congress can't reach a deal to avoid the fiscal cliff, the Fed won't be able to prevent another recession because it has exhausted just about all its monetary measures to try to boost the economy, Bernanke said.

The Fed is in the midst of a third round of stimulative bond buying, known as quantitative easing. But there is not much else the central bank can do other than buy bonds, a strategy that has kept short-term interest rates near zero since late 2008 and will probably continue until at least mid-2015.

Any deficit-reduction deal probably would involve higher taxes and reduced government spending that would be a drag on economic growth next year, Bernanke said. But that's better than the alternative.

"My advice on this is sort of 'do no harm,' and in that respect, what I'm most concerned about … is the full force of the fiscal cliff," Bernanke said. "The ability of the Fed to offset head winds is not infinite."

A deal to avoid the fiscal cliff and start reducing the soaring national debt will help ease some of the uncertainty that businesses have.

Bernanke said he could not quantify how much fiscal cliff concerns were harming growth, but said the effect of uncertainty was "probably significant."

The European debt crisis also is a source of concern. But Bernanke said that avoiding the fiscal cliff would reduce uncertainty and potentially provide a big boost to the U.S. recovery because there would be "a greater level of security about where the country is going."

jim.puzzanghera@latimes.com

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Judge denies bid for Nativity displays in Santa Monica

A person jogs by last year's Nativity scene in Palisades Park. (Gina Ferazzi / Los Angeles Times / November 19, 2012)

By Martha Groves

November 19, 2012, 1:40 p.m.

The city of Santa Monica can bar seasonal displays, including a Nativity scene that has appeared in Palisades Park for nearly 60 years, a federal judge ruled Monday.

In a closely watched case that has attracted national attention, Judge Audrey B. Collins denied a request from the Santa Monica Nativity Scenes Committee to erect multiple large displays depicting the story of the birth of Jesus in the park overlooking the ocean. The coalition of churches has erected the displays every December since the 1950s.

But last year, after requests for display spots exceeded the space allotted, the city held a lottery to allocate spaces. Atheists won 18 of 21 spots. A Jewish group won another. The traditional Nativity story that used to take up 14 displays was crammed into two.

Controversy erupted, and as a result, the city decided the lottery would become increasingly costly. Last June, the City Council voted to ban all private unattended displays.

In October, Nativity scene proponents filed suit in federal court to allow the traditional Christian displays to continue. In a 27-page tentative ruling, Collins denied the group permission to erect their displays this year while the case is pending.

"The atheists won," said William Becker, attorney for the Nativity group. He then went on to compare the city to Pontius Pilate, the judge at Jesus' trial, saying: "It's a shame about Christmas. Pontius Pilate was exactly the same kind of administrator."

Santa Monica's attorney, Barry A. Rosenbaum, said the city is "very pleased" with the ruling. The judge, he said, "understood the government interests and that [groups wanting to put up displays] have a number of alternatives to erect displays." 

All the parties are due back in court Dec. 3, when the judge will hear additional arguments in the case.

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Google should not be accused of “unfair” acts: lawmakers

WASHINGTON (Reuters) – Two lawmakers urged the Federal Trade Commission on Monday to steer clear of expanding its authority as it investigates allegations search engine company Google violated antitrust law.

The two California Democrats in the House of Representatives, who count Google as a major campaign contributor, asked the FTC not to accuse the company of “unfair” acts if it believes it broke antitrust law.

Anna Eshoo, on the Energy and Commerce Committee, and Zoe Lofgren, who is on the Judiciary Committee, said there were reports to suggest the FTC planned to use the unfair standard to avoid proving some elements required in an antitrust claim.

They said such a move could lead to over-broad authority for the FTC that could create legal uncertainties for firms and stifle economic growth.

“Such a massive expansion of FTC jurisdiction would be unwarranted, unwise, and likely have negative implications for our nation’s economy,” the lawmakers wrote in the letter, which was dated November 19 and sent to the five FTC commissioners.

The FTC is looking into a long list of complaints brought by rivals of Google, which is also accused of using its dominance to squash competitors in vertical search areas such as shopping and travel.

The FTC staff has reportedly given the commission a report urging them to file a complaint against Google for suing competitors based on standard essential patents and asking for injunctions to stop the sales of their products. Standard essential patents are supposed to be broadly licensed at a fair rate.

Google is the seventh largest contributor to Eshoo, donating $ 13,000 during the 2012 election cycle, according to data from the Center for Responsive Politics. It is the third largest contributor to Lofgren, who got $ 14,500 from Google. The donations came from a Google political action committee and employees and lobbyists associated with Google.

Complaints about Google to the FTC over standard essential patents arise from a raft of litigation between Apple Inc, Google and Microsoft Corp, which have sued each other numerous times in various countries, each alleging that their respective patents are being infringed upon by rivals in the highly competitive smartphone market.

In many cases, the companies ask that their rivals’ products be banned from stores. Many antitrust enforcers believe it is inappropriate for companies to ask for sales bans based on the infringement of essential patents.

FTC Chairman Jon Leibowitz, who is expected to leave the agency soon, said in mid-September that he expected a decision in the case by the end of the year. A decision could be in the form of a lawsuit or, more likely, a settlement.

Google has settled with U.S. law enforcement agencies in the past.

For example, it settled with the FTC following privacy gaffes during the botched roll-out of its social network, Buzz. Later, it paid $ 22.5 million to settle charges that it bypassed the privacy settings of customers using Apple’s Safari browser.

Google also paid a $ 500 million settlement in 2011 to the Justice Department for knowingly accepting illegal advertisements from Canadian pharmacies selling in the United States.

FTC spokesman Peter Kaplan confirmed that the commission had received the letter but said the agency declined comment.

(Reporting By Diane Bartz; editing by Andrew Hay)

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Wranglers say 'Hobbit' animals died on unsafe farm

WELLINGTON, New Zealand (AP) — Animal wranglers involved in the making of "The Hobbit" movie trilogy say the production company is responsible for the deaths of up to 27 animals, largely because they were kept at a farm filled with bluffs, sinkholes and other "death traps."

The American Humane Association, which is overseeing animal welfare on the films, says no animals were harmed during the actual filming. But it also says the wranglers' complaints highlight shortcomings in its oversight system, which monitors film sets but not the facilities where the animals are housed and trained.

A spokesman for trilogy director Peter Jackson on Monday acknowledged that horses, goats, chickens and one sheep died at the farm near Wellington where about 150 animals were housed for the movies, but he said some of the deaths were from natural causes.

The spokesman, Matt Dravitzki, agreed that the deaths of two horses were avoidable, and said the production company moved quickly to improve conditions after they died.

"The Hobbit: An Unexpected Journey," the first movie in the planned $500 million trilogy, is scheduled to launch with a red-carpet premiere Nov. 28 in Wellington and will open at theaters in the U.S. and around the world in December.

The animal rights group People for the Ethical Treatment of Animals (PETA) says it's planning protests at the premieres in New Zealand, the U.S. and the U.K.

Kathy Guillermo, a senior vice president at PETA, said whistleblowers on The Hobbit contacted the organization after it had taken an active role in exposing problems on other movie sets. The organization sent a letter to Jackson last week outlining its concerns.

"We want to send a clear message to Hollywood that they need to be very careful when using animals and take all the precautions that need to be taken," Guillermo said.

The Associated Press spoke to four wranglers who said the farm near Wellington was unsuitable for horses because it was peppered with bluffs, sinkholes and broken-down fencing. They said they repeatedly raised concerns about the farm with their superiors and the production company, owned by Warner Bros., but it continued to be used. They say they want their story aired publicly now to prevent similar deaths in the future.

One wrangler said that over time he buried three horses, as well as about six goats, six sheep and a dozen chickens. The wranglers say two more horses suffered severe injuries but survived.

Wrangler Chris Langridge said he was hired as a horse trainer in November 2010, overseeing 50 or so horses, but immediately became concerned that the farm was full of "death traps." He said he tried to fill in some of the sinkholes, made by underground streams, and even brought in his own fences to keep the horses away from the most dangerous areas. Ultimately, he said, it was an impossible task.

He said horses run at speeds of up to 30 mph and need to be housed on flat land: "It's just a no-brainer."

The first horse to die, he said, was a miniature named Rainbow.

"When I arrived at work in the morning, the pony was still alive but his back was broken. He'd come off a bank at speed and crash-landed," Langridge said. "He was in a bad state."

Rainbow, who had been slated for use as a hobbit horse, was euthanized. A week later, a horse named Doofus got caught in some fencing and sliced open its leg. That horse survived, but Langridge said he'd had enough.

He and his wife, Lynn, who was also working as a wrangler, said they quit in February 2011. The following month, they wrote an email to Brigitte Yorke, the Hobbit trilogy's unit production manager, outlining their concerns.

Chris Langridge said he responded to Yorke's request for more information but never received a reply after that.

Wrangler Johnny Smythe said that soon after Langridge left, a horse named Claire was found dead, its head submerged in a stream after it fell over a bluff. After that, he said, the horses were put in stables, where a third horse died.

Smythe said no autopsy was performed on the horse, which was named Zeppelin. Veterinary records say the horse died of natural causes, from a burst blood vessel, but Smythe said the horse was bloated and its intestines were full of a yellow liquid; he believes it died of digestive problems caused by new feed.

Smythe said the six goats and six sheep he buried died after falling into sinkholes, contracting worms or getting new feed after the grass was eaten. He said the chickens were often left out of their enclosure and that a dozen were mauled to death by dogs on two separate occasions.

Smythe said he was fired in October 2011 after arguing with his boss about the treatment of the animals.

A fourth wrangler, who didn't want to be named because she feared it could jeopardize her future employment in the industry, said another horse, Molly, got caught in a fence and ripped her leg open, suffering permanent injuries.

Dravitzki, the spokesman for Peter Jackson, said the production company reacted swiftly after the first two horses died, spending hundreds of thousands of dollars upgrading housing and stable facilities in early 2011.

"We do know those deaths were avoidable and we took steps to make sure it didn't happen again," he said.

Dravitzki said Zeppelin died of a burst blood vessel and that he knew only of three goats, one sheep and about eight chickens that had died aside from that. He said two of the goats died in a cold snap but the third, like the sheep, was old and had likely died of natural causes. He said the chicken maulings were the result of careless staff oversight.

The American Humane Association said in its report on "An Unexpected Journey" that it investigated the farm at the production company's request. Dravitzki said the company contacted the AHA after Smythe alleged mistreatment of animals.

Mark Stubis, an association spokesman, said it investigated the farm in August 2011, months after the first deaths.

"We made safety recommendations to the animals' living areas. The production company followed our recommendations and upgraded fence and farm housing, among other things," the group said.

Dravitzki said the company had already made many of the recommended changes by the time the AHA made them.

Stubis said the association acknowledges that what happens off-set remains a blind spot in its oversight.

"We would love to be able to monitor the training of animals and the housing of animals," Stubis said. "It's something we are looking into. We want to make sure the animals are treated well all the time."

Dravitzki questioned the timing of the allegations with the premiere so close but said the producers are investigating all the claims "and are attempting to speak with all parties involved to establish the truth."

He said the company no longer leases the farm and has no animals left on the property. He said he didn't know if animals will be needed for future filming in the trilogy, but added that Jackson himself adopted three of the pigs used.

Hollywood has made animal welfare a stated priority for years.

In March, HBO canceled the horse racing series "Luck" after three thoroughbred horses died during production. The network said it canceled the show because it could not guarantee against future accidents.

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Really?: The Claim: Eye Problems Can Cause Headaches in Children

Really?

Anahad O’Connor tackles health myths.

THE FACTS When a child complains of frequent headaches, many pediatricians order an eye exam. “In some pediatric ophthalmology practices, it’s a daily occurrence,” said Dr. Zachary Roth, a resident in ophthalmology at Albany Medical Center in New York.

Often, a child may experience headaches while reading or doing schoolwork, leading parents to think the child needs glasses. But are eye problems really a cause of childhood headaches?

In a recent study, Dr. Roth and his colleagues examined 158 children under age 18 who were referred to ophthalmologists for frequent headaches. Then, they evaluated the children’s medical records and looked at the results of earlier vision exams.

Ultimately, the researchers could not find any significant link between headaches and diagnoses of vision problems. In three-quarters of the subjects, the headaches went away over time, both in those who received new glasses and those who did not.

The study, which was presented at a recent American Academy of Ophthalmology conference, was not designed to look for causes of the headaches. But there were “quite a few” children with family histories of migraine, Dr. Roth said. Sinus problems and stress headaches also appeared to be common issues, he added.

“I think the take-away message is that it’s very unlikely for headaches to be caused by an eye problem,” he said. “The experience of all the ophthalmologists we talked to is that it almost never seems to be related to the eyes, so it’s probably more fruitful to investigate other causes.”

THE BOTTOM LINE Vision problems are often blamed for childhood headaches, but in reality, the two are rarely related.

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Dow gains 207 in best day since election

The stock market finally shook its post-election slump.

Investors seized on hope that Washington will reach a deal on the federal budget and drove stocks to their biggest gain in two months. A pair of strong corporate earnings reports also helped.

The Dow Jones industrial average closed up 207 points, or 1.7 percent. Since President Barack Obama and a divided Congress were returned to power Nov. 6, the Dow had fallen six out of eight days and slid a total of 650 points.

Obama and congressional leaders are in talks to avoid going over a “fiscal cliff” on Jan. 1, when tax increases and mandatory government spending cuts are set to take effect.

While Obama and Republicans appear at odds on whether tax rates for the wealthiest Americans should rise, lawmakers suggested over the weekend that progress is possible.

“I can tell you that the fiscal cliff is focusing the mind,” said Illinois Sen. Richard Durbin, a Democrat, said on CNN's “State of the Union.” He said he had heard from Republicans “the beginning of a negotiation.”

Comments like those comforted investors, who are grasping for signs that the negotiations might go somewhere.

“It is quite clear that both sides want to come to a compromise and that a reasonable compromise is available,” David Kelly, chief global strategist for J.P. Morgan Funds, wrote in a note to clients.

Other financial analysts noted that there have been few substantive developments to drive the market's swings, and suggested the market's surge will be short-lived.

“I don't think anything has changed. It's just the talk from day to day,” said Stephen Carl, principal and head equity trader at The Williams Capital Group, an investment bank. “We'll see what happens tomorrow.”

This week's market will be tougher to decipher, Carl said, because volume is increasingly light leading up to the Thanksgiving holiday. Big price swings are more likely when there are fewer buyers and sellers in the market.

The Standard & Poor's 500 index rose 27.01 points, or 2 percent, to 1,386.89. The Nasdaq composite average gained 62.94, or 2.2 percent, to 2,916.07.

The S&P 500 and Nasdaq were lifted by Apple, which had its biggest one-day gain since April. It rose $38.05, or 7.2 percent, to $565.73. Some analysts cast doubt on a sell-off that had pushed the stock down more than 20 percent from its recent peak.

Corporate earnings reports also boosted the indexes. Lowe's said its third-quarter profit surged 76 percent. That followed a strong report from Home Depot last week. Lowe's rose $1.98, or 6.2 percent, to $33.96.

Tyson Foods, the country's biggest meat company, beat analysts' expectations for its quarterly earnings. Tyson added $1.84, or 10.9 percent, to $18.72.

Materials stocks, a category that includes foresting companies, metal producers and miners, soared, supported by the latest sign that a recovery in the housing market has stabilized.

The National Association of Realtors said sales of previously occupied homes in the U.S. rose in October, helped by a stronger job market and record-low mortgage rates. The pace of sales is roughly 11 percent higher than a year ago.

Stocks fell in each of the past four weeks as traders fretted about the possibility that lawmakers will fail to prevent the spending cuts and tax increases from taking effect.

Economists have warned that the hit to the economy could total $700 billion for 2013 and push the United States back into recession, although the damage from the “cliff” would come slowly, and lawmakers could always reach a deal after Jan. 1.

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Feinstein has 'concern' about Rice's Benghazi talking points

Sen. Dianne Feinstein said Sunday that she has initiated a review of talking points used by U.N. Ambassador Susan Rice on the attack on the American diplomatic facility in Libya, with the goal of determining why the public comments appeared to conflict with the initial assessment of U.S. intelligence sources.

Feinstein, chair of the Senate Intelligence Committee, defended Rice against what she called the “politicization” of her comments on the battery of Sunday news shows in the wake of the Sept. 11 attack that led to the death of four Americans, including Ambassador Chris Stevens.

But the California senator also said she had “some concern” with the process that produced the unclassified “speaking points” that Rice worked off of, in which she said it was the administration’s preliminary view that the attacks were a spontaneous reaction to an anti-Islamic video, rather than a planned terrorist attack.

Feinstein, appearing on NBC’s “Meet the Press,” said that the now-former director of the Central Intelligence Agency, David H. Petraeus, had “very clearly said that it was a terrorist attack” in a meeting with lawmakers the day after the attack in Benghazi.

PHOTOS: U.S. ambassador killed in Libya

Asked then why Rice would not call the attack "terrorism" days later, Feinstein said it was because Petraeus’ view was based on information that was not yet cleared for public review.

“She could speak publicly only on unclassified speaking points. I have some concern with those speaking points,” Feinstein said. “We gave the direction yesterday that this whole process is going to be checked out. We are going to find out who made changes in the original statement. Until we do, I really think it's unwarranted to make accusations.”

Rep. Mike Rogers (R-Mich.), chair of the House Intelligence Committee, stopped short of saying information was withheld from initial talking points for political reasons.

Still, he said, “I know the narrative was wrong, and the intelligence was right.”

“The narrative, as it went from at least the CIA and other intelligence agencies, was accurate,” he said. “There were some policy decisions made based on the narrative that was not consistent with the intelligence that we had. That's my concern, and we need to say hey, we need to figure out how that happened.”

The episode involving Rice’s testimony on the Sept. 14 news shows is at the heart of Republicans’ questioning the administration’s handling of the Benghazi attack. More recently, it has become the basis for some lawmakers vowing to block the potential nomination of Rice to replace Hillary Rodham Clinton as secretary of State in President Obama’s second term.

Feinstein said it was not right for Rice to be “pilloried” for comments that were consistent with the approved statement she was given to speak off of. Sen. Lindsay Graham (R-S.C.) said that in considering a possible Rice nomination he was “not going to give her a plus for passing on a narrative that was misleading to the American people.”

PHOTOS: 2016 presidential possibilities

“I am very disappointed in Susan Rice … telling a story that was disconnected from reality that did make the president look good at a time when, quite frankly, the narrative should have been challenged not reinforced that Al Qaeda was dismantled,” he said.

Rep. Peter King (R-N.Y.) said that before appearing on the television shows, Rice should have had a fuller understanding of events.

“She certainly could have gotten the classified briefings. She would have sat down with the National Security Council, and she would have known that those talking points had been watered down, and she could have caveated that in her statement, which she didn't,” King said on ABC’s “This Week.” “President Obama said, don't blame Susan Rice because she had nothing to do with Benghazi. Then why did they send her out as the representative to the American people?”

Sen. John McCain (R-Ariz.) said on CBS’ “Face the Nation” that Rice has “a lot of explaining to do,” and should explain her comments if she is nominated.

“They said they wanted to not give classified assessment of what happened because they didn’t want to betray sources. Well if the classified assessment changed the unclassified assessment, then why in the world would you keep that information from the American people,” McCain said.

Sen. Dick Durbin (D-Ill.), a member of the Foreign Relations Committee, said it would be “totally unfair” to hold Rice responsible for simply relaying information she was given. He also accused McCain and Graham of hypocrisy for using the incident to potentially block a Rice nomination.

“Eight years ago when President Bush suggested Condoleezza Rice for secretary of State, some people said, ‘Well wait a minute, wasn’t she part of misleading the American people about intelligence information that led to our invasion of Iraq?’ And it was Sen. McCain and Sen. Graham who stood up and said, ‘Don’t hold her accountable for the intelligence that was given to her,’” Durbin said.

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Twitter: @mikememoli

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Man demoted for Facebook comments wins case

LONDON (AP) — Britain‘s High Court ruled Friday that a Christian was unfairly demoted for posting his opposition to gay marriage on Facebook.

Adrian Smith was stripped of his management position with the Trafford Housing Trust in northwest England and had his salary cut by 40 percent after posting that gay weddings in churches were “an equality too far.”

The trust said Smith broke its code of conduct by expressing religious or political views that might upset co-workers.

But High Court judge Michael Briggs ruled Friday that Smith had been “taken to task for doing nothing wrong” and found his employer guilty of breach of contract.

Smith said he was glad the court had backed the principle that “Britain is a free country where people have freedom of speech.”

And he received support from veteran gay rights and civil liberties campaigner Peter Tatchell, who said Smith’s employer had overreacted.

“In a democratic society, Adrian has a right to express his point of view, even if it is misguided and wrong,” Tatchell said.

Trafford Housing Trust chief executive Matthew Gardiner, said he “fully accepted” the court’s decision and had apologized to Smith, though it was not clear whether he would be reinstated.

In Britain, same-sex couples can currently form civil partnerships, which carry the same legal rights as marriage. The government wants to change the law to include gay marriage, a move opposed by many religious groups.

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'Twilight' finale dawns with $141.3M weekend

LOS ANGELES (AP) — The sun has set on the "Twilight" franchise with one last blockbuster opening for the supernatural romance.

"The Twilight Saga: Breaking Dawn — Part 2" sucked up $141.3 million domestically over opening weekend and $199.6 million more overseas for a worldwide debut of $340.9 million, according to studio estimates Sunday.

The finale ranks eighth on the list of all-time domestic debuts, and leaves "Twilight" with three of the top-10 openings, joining 2009's "New Moon" (No. 7 with $142.8 million) and last year's "Breaking Dawn — Part 1" (No. 9 with $138.1 million).

Last May's "The Avengers" is No. 1 with $207.4 million. "Batman" is the only other franchise with more than one top-10 opening: last July's "The Dark Knight Rises" (No. 3 with $160.9 million) and 2008's "The Dark Knight" (No. 4 with $158.4 million).

Though "Twilight" still is a female-driven franchise, with girls and women making up 79 percent of the opening-weekend audience, the finale drew the biggest male crowds in the series. Action-minded guys had more to root for in the finale as Kristen Stewart, Robert Pattinson and Taylor Lautner join in a colossal battle to end the story of warring vampires and werewolves.

"Our male audience particularly has enjoyed this film," said Richie Fay, head of distribution for Lionsgate, whose Summit Entertainment banner releases the "Twilight" movies. "With the action scenes in this one, we're hoping the holdover business will reflect the fact that males have kind of found it out."

The movie also helped lift Lionsgate into the big leagues among Hollywood studios. Paced by its $400 million smash with "The Hunger Games" and now the "Twilight" finale, Lionsgate surpassed $1 billion at the domestic box office for the first time.

Some box-office watchers had expected the last "Twilight" movie to open with a franchise record the way the "Harry Potter" finale did last year with $169.2 million, the second-best domestic debut on the charts.

"I thought that for the final installment, it might eclipse the franchise record, but to look at $141.3 million and say that's a disappointment, that's kind of crazy," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. "It's one of the most consistently performing franchises of all time."

The "Twilight" finale took over the No. 1 spot from Sony's James Bond adventure "Skyfall," which slipped to second-place with $41.5 million domestically in its second weekend. "Skyfall" raised its domestic total to $161.3 million.

The franchise's third film starring Daniel Craig as Bond, "Skyfall" began rolling out overseas in late October and has hit $507.9 million internationally at the box office. The film's global total climbed to $669.2 million, helping to lift Sony to its best year ever with $4 billion worldwide, topping the studio's $3.6 billion haul in 2009.

"Skyfall" passed the previous franchise high of $599.2 million worldwide for 2006's "Casino Royale."

Steven Spielberg and Daniel Day-Lewis' Civil War drama "Lincoln" expanded nationwide after a week in limited release and came in at No. 3 with $21 million. Distributed by Disney, "Lincoln" lifted its domestic haul to $22.4 million.

The comic drama "Silver Linings Playbook," released by the Weinstein Co., got off to a good start in limited release, taking in $458,430 in 16 theaters for a solid average of $28,652 a cinema. By comparison, the "Twilight" finale averaged $34,717 in 4,070 theaters.

"Silver Linings Playbook" stars Bradley Cooper, Jennifer Lawrence and Robert De Niro in a quirky romance involving a man fresh out of a psychiatric hospital and an emotionally troubled young widow.

Keira Knightley's period drama "Anna Karenina" also started well in limited release with $315,395 in 16 theaters, for an average of $19,712. The Focus Features film stars Knightley in the title role of Leo Tolstoy's tragic romance.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. "The Twilight Saga: Breaking Dawn — Part 2," $141.3 million ($199.6 million international).

2. "Skyfall," $41.5 million ($49.6 million international).

3. "Lincoln," $21 million.

4. "Wreck-It Ralph," $18.3 million ($4.8 million international).

5. "Flight," $8.6 million ($1 million international).

6. "Argo," $4.1 million ($8.7 million international).

7. "Taken 2," $2.1 million ($2 million international).

8. "Pitch Perfect," $1.3 million ($4.1 million international).

9. "Here Comes the Boom," $1.2 million ($2.5 million international).

10 (tie). "Cloud Atlas," $900,000 ($5 million international).

10 (tie). "Hotel Transylvania," $900,000 ($7.8 million international).

10 (tie). "The Sessions," $900,000.

___

Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. "The Twilight Saga: Breaking Dawn — Part 2," $199.6 million.

2. "Skyfall," $49.6 million.

3. "Argo," $8.7 million.

4. "Hotel Transylvania," $7.8 million.

5. "Evangelion: 3.0 You Can (Not) Redo," $7.5 million.

6. "A Werewolf Boy," $6.8 million.

7. "Cloud Atlas," $5 million.

8. "Wreck-It Ralph," $4.8 million.

9. "Confession of Murder," $3.5 million.

10. "Rise of the Guardians," $3.1 million.

___

Online:

http://www.hollywood.com

http://www.rentrak.com

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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News Analysis: Steroids and Back Pain: An Uneasy Match

RANDALL KINNAIRD’S legal clients had steroids injected into their backs last summer for a wide range of reasons. Of the 25, one got three shots in a two-month period when pain never totally disappeared. Another got one as a preventive measure because she was going on a trip to Europe and was worried that cobblestones would aggravate an old injury.

Now the 25 — or their survivors — have engaged Mr. Kinnaird, one of Nashville’s leading lawyers, to sue the New England Compounding Center. Three have died, one is paralyzed, several more are still hospitalized and all suffer blinding headaches — victims of the meningitis that resulted from vials of steroid medicine contaminated by fungus.

The New England Compounding Center certainly seems deserving of its current status as the prime culprit in a tragic outbreak that has killed 32 and sickened 438. The bottles of supposedly sterile steroid medication it shipped were reportedly so tainted that white fuzz could be seen floating in some vials.

But, experts say, the now notorious Compounding Center has a nationwide network of unwitting enablers and accomplices: There are the doctors who overprescribe an invasive back-pain therapy that, in studies, has not proved useful for many of the patients who get it. And there are the patients, living in an increasingly medicalized society, who want a quick fix for life’s aches and pains.

The use of steroid injections to treat back pain has skyrocketed in the past 15 years — out of proportion to growth in the number of patients with back pain, or the aging of the population. The frequency of steroid injections dispensed to Medicare patients rose 121 percent from 1997 to 2006. Washington State found that the use of back injections grew 12.6 percent between 2006 and 2009, at a cost to the state of $56 million. Some people received more than 10 shots a year.

The increase in treatment has not led to less pain over all, researchers say, and is a huge expense at a time of runaway health costs. “There are lots of places doing lots of injections for conditions that haven’t been shown to benefit,” says Dr. Janna Friedly, a researcher at the University of Washington, who added, “Sadly, some of the patients who got meningitis were probably in that category — they did not have conditions where steroid injections were indicated.”

Studies are at best inconclusive about exactly which groups of back-pain patients are likely to benefit from steroid shots. Though some patients clearly get much-needed relief, health researchers are nearly unanimous that the treatment is vastly overused in the United States.

But Dr. Laxmaiah Manchikanti, head of the American Society of Interventional Pain Physicians, said the increasing number of spine injections was just part of “an exponential increase in all interventional techniques” and is a good thing, reflecting a better understanding of chronic pain and patients’ demands for improved pain relief.

Though doctors are still arguing, most academic researchers say there is no evidence that steroid injections are useful in easing straightforward chronic low back pain. Professional guidelines say such shots should generally not be used for back pain that is less than four to six weeks old, which studies show almost always gets better with noninvasive treatments. Although many Medicare patients get spinal injections to treat a condition called spinal stenosis, a narrowing of spaces between bones of the spine, Dr. Friedly said, shots are not used for that condition in many European countries.

Spinal injections, which can cost between $600 and $2,500, including the fees for treatment rooms, have been fostered and promoted by the rising number of pain clinics and pain specialists — mostly anesthesiologists and rehab doctors — who invest in extra training to learn procedures like spinal injections.

“There used to be only a small number of people who did this, but that’s gone way up, and reimbursement has gone up, too,” says Scott Forseen, a doctor who studies the treatment of back pain at the Georgia Health Sciences University. The number of spinal injections given in any geographical area correlates better with the number of local specialists trained in the procedure rather than the amount of back pain, Dr. Friedly says. There is an old saying in medicine: “When you go to Midas, you get a muffler.”

The shots — which may include a steroid and an anesthetic — are often dispensed at for-profit pain clinics owned by the physicians holding the needle. “There’s a lot of concern about perverse financial incentive,” Dr. Friedly added.

Mr. Kinnaird’s clients got their injections at the St. Thomas Outpatient Neurosurgery Clinic, a limited-liability corporation half owned by doctors, which occupied a floor of one of Nashville’s major hospitals. It gave 5,000 injections a year, or about 20 each business day, and epidural steroid injections are listed on its Web site as its “top procedure.”

Since guidelines for injections are being disputed among doctors’ groups, it is hard in most cases to say if a particular patient should or should not have been offered an injection, says Marc Lipton, a Michigan attorney who is representing more that 20 patients with fungal meningitis. Though he believes that steroid shots are overused, he says many of the patients he represents were treated appropriately, for example, receiving an injection for pain from a herniated disc in an attempt to stave off back surgery. He and other lawyers are, for now, targeting the Compounding Center in product liability lawsuits.

But, says Dr. Forseen: “You have to use injections selectively, and selectivity has gone way down. In some places, people get injections because they’ve walked in the door.”

Patients have proved eager consumers of the new medical offering, desirous of a quick cure rather than waiting the weeks or months for the normal healing process to occur.

Mr. Kinnaird, the lawyer, says: “If I hurt my back in the ’70s, my doctor would say, go to the beach, get a few beers, relax, you’ll be fine. Now if you hurt your back, you go to the doctor and right away there’s an M.R.I., and they need to fix something. Maybe you should take an injection.”

And steroid shots are not a cure-all, even for the conditions for which doctors agree an attempt is worthwhile: low back pain accompanied by signs of nerve injury like tingling or weakness in a leg. One-third of such patients will get better, one-third will show some improvement and some will show no improvement at all, Dr. Forseen said.

When Oregon’s Health Evidence Review Commission earlier this year explored narrowing reimbursement for injections to certain conditions, it got an earful of public comment from groups like the International Spine Intervention Society.

“Obviously they are not utilizing the literature correctly,” said Dr. Manchikanti, adding that attempts to limit the shots were motivated in part by an effort to control costs and by competition from other medical specialties.

Private insurers vary considerably in coverage for the procedure, though some will pay after two weeks of back pain.

Back pain is, of course, a debilitating condition. And modern medicine has produced some miraculous cures. But from now on when doctors and patients are tempted to say “what’s the harm in trying an injection” to dispense with a nagging back — they will be more aware of just how big the risk can be.

A physician and a reporter for The New York Times.

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