Black Friday kicks off the holiday shopping season

Black Friday got off to its earliest start ever as the nation's shoppers put down their turkey and headed straight to the malls.

Stores typically open in the wee hours of the morning on the day after Thanksgiving that's named Black Friday because it's traditionally when they turn a profit for the year. In fact, generations of shoppers have made Black Friday rituals of going to bed early after munching on turkey and pumpkin pie so that they can head out to stores early the next day.

But Black Friday openings have crept earlier and earlier over the past few years as stores have experimented with ways to compete with online rivals like Amazon.com that can offer holiday shopping deals at any time and on any day. And this year, crowds gathered across the country as stores such as Target and Toys R Us opened on Thanksgiving evening, while retailers from Macy's to Best Buy opened their doors at midnight on Black Friday.

About 11,000 shoppers were in lines wrapped around Macy's flagship store in New York City's Herald Square when it opened. Joan Riedewald, a private aide for the elderly, and her four children ages six to 18, where among them. By the time they showed up at the department store, Riedewalde had already spent about $100 at Toys R Us and planned to spend another $500 at Macy's before heading to Old Navy.

"I only shop for sales," she said.

Retailers are hoping that the earlier openings will help boost sales this holiday season. It is unclear how many shoppers took advantage of the earlier openings. But about 17 percent of shoppers said earlier this month that they planned to shop at stores that opened on Thanksgiving, according to an International Council of Shopping Centers-Goldman Sachs survey of 1,000 consumers. Overall, it's estimated that sales on Black Friday will be up 3.8 percent to $11.4 billion this year.

The earlier hours are an effort by stores to make shopping as convenient as possible for Americans, who they fear won't spend freely during the two-month holiday season in November and December because of economic uncertainty. Many shoppers are worried about high unemployment and a package of tax increases and spending cuts known as the "fiscal cliff" that will take effect in January unless Congress passes a budget deal by then. At the same time, Americans have grown more comfortable shopping on websites that offer cheap prices and the convenience of being able to buy something from smartphones, laptops and tablet computers from just about anywhere.

That's put added pressure on brick-and-mortar stores, which can make up to 40 percent of their annual revenue during the holiday shopping season, to give consumers a compelling reason to leave their homes. That's becoming more difficult: the National Retail Federation, an industry trade group, estimates that overall sales in November and December will rise 4.1 percent this year to $586.1 billion, or about flat with last year's growth. But the online part of that is expected to rise 15 percent to $68.4 billion, according to Forrester Research.

As a result, brick-and-mortar retailers have been trying everything they can to lure consumers into stores. Some stores tested the earlier hours last year, but this year more retailers opened their doors late on Thanksgiving or earlier on Black Friday. In addition to expanding their hours, many also are offering free layaways and shipping, matching the cheaper prices of online rivals and updating their mobile shopping apps with more information.

"Every retailer wants to beat everyone else," said C. Britt Beemer, chairman of America's Research Group, a research firm based in Charleston, S.C. "Shoppers love it."

Indeed, some holiday shoppers seemed to find stores' earlier hours appealing. "I ate my turkey dinner and came right here," said Rasheed Ali, a 23-year-old student in New York City who bought a 50-inch Westinghouse TV for $349 and a Singer sewing machine for $50 at a Target in New York City's East Harlem neighborhood that opened at 9 p.m. on Thanksgiving. "Then I'm going home and eating more."

Carey Maguire, 33, and her sister Caitlyn Maguire, 21, showed up at the same Target about two hours before it opened. Their goal was to buy several Nook tablet computers, which were on sale for $49. But while waiting in line they were also using their iPhone to do some online buying at rival stores.

"If you're going to spend, I want to make it worth it," said Caitlyn Maguire, a college student.

By the afternoon on Thanksgiving, there were 11 shoppers in a four-tent encampment outside a Best Buy store near Ann Arbor, Mich., that opened at midnight. The purpose of their wait? A $179 40-inch Toshiba LCD television is worth missing Thanksgiving dinner at home.

Jackie Berg, 26, of Ann Arbor, arrived first with her stepson and a friend Wednesday afternoon, seeking three of the televisions. The deal makes the TVs $240 less than their normal price, so Berg says that she'll save more than $700.

"We'll miss the actual being there with family, but we'll have the rest of the weekend for that," she said.

While some hoppers appreciated the early start to the holiday shopping season, some workers were expected to protest the expanded hours. Wal-Mart, the world's largest retailer, has been one of the biggest targets of protests against holiday hours. Many of Wal-Mart's stores are open 24 hours, but the company offered early bird specials that once were reserved for Black Friday at 8 p.m. on Thanksgiving instead.

The issue is part of a broader campaign against the company's treatment of workers that's being waged by a union-backed group called OUR Walmart, which includes former and current workers. The group is staging demonstrations and walkouts at hundreds of stores on Black Friday.

Mary Pat Tifft, a Wal-Mart employee in Kenosha, Wis., who is a member of OUR Walmart, started an online petition on signon.org that has about 34,000 signatures. "This Thanksgiving, while millions of families plan to spend quality time with their loved ones, Wal-Mart associates have been told we will be stocking shelves and preparing sales starting at 8 p.m.," she wrote on the site.

OUR Walmart said workers walked off their jobs in stores in Dallas, Miami and Kenosha, Wis., on Thursday. But a spokeswoman for the group did not immediately give numbers on how many workers participated.

For their part, retailers say they are giving shoppers what they want. Dave Tovar, a Wal-Mart spokesman, said that the discounter learned from shoppers that they want to start shopping right after Thanksgiving dinner. Then, they want to have time to go to bed before they wake up to head back out to the stores.

Still, Tovar said that Wal-Mart works to accommodate its workers' requests for different working hours. "We spent a lot of time talking to them, trying to figure out when would be the best time for our events," he said.

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D'Innocenzio reported from New York City. Krisher reported from Ann Arbor, Mich., and Toledo, Ohio.

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Bank of Canada keeps “over time” condition on rate hike
















OTTAWA (Reuters) – Bank of Canada Deputy Governor Tim Lane repeated on Wednesday the central bank‘s message that interest rate increases will likely be needed, but only over time.


The “over time” phrase was introduced in the bank’s key guidance in its rate statement on October 23 as a way of signaling that while the next rate move is likely to be up, such a move was less imminent than it had been.













“Over time, some gradual withdrawal of monetary policy stimulus will likely be required, consistent with achieving the inflation-control target,” Lane said, according to a prepared presentation he was giving on Wednesday in Moncton, New Brunswick.


Another part of the presentation, which was posted on the central bank’s website, noted: “The Canadian economy continues to operate with a small amount of excess supply.”


The Bank of Canada is alone in the Group of Seven leading industrialized countries in signaling an intention to raise rates despite expectations of modest and unbalanced global growth.


Lane forecast “very robust growth” in emerging markets, stagnation in Europe and significant dampening of U.S. growth due to fiscal consolidation. He said Canada‘s real gross domestic product was still expected to grow at a moderate pace.


(Reporting by Randall Palmer; Editing by Jeffrey Hodgson; and Peter Galloway)


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Windows 8 is “Terrible,” Says Usability Expert Jakob Nielsen
















When gadget and web companies want to make sure people can figure out how to use their stuff, they turn to experts like Jakob Nielsen, who’s most widely known for his free Alertbox column.


Last year, Nielsen’s scathing review of Amazon’s Kindle Fire made headlines, alerting buyers to the tablet’s choppy scrolling and hard-to-use volume controls. Now, Nielsen has published the results of a study where his firm “invited 12 experienced PC users to test Windows 8,” the new version of Windows, on both normal PCs and Microsoft’s new Surface RT tablets.













“Weak on Tablets, Terrible for PCs”


Nielsen pulled no punches in summing up his firm’s study, saying Windows 8 throws Microsoft’s most loyal customers “under the bus” and that it “removes a powerful PC’s benefits.”


For tablet use, like on the new Surface RT tablets Microsoft brought out to compete with the iPad, Nielsen feels Windows 8′s issues are “nothing that a modest redesign can’t fix.” He thinks we’ll have to wait until Windows 9 for that redesign, though, the same way that Windows 7 fixed many of Vista’s problems.


​Study methodology


The study’s participants were asked to perform a series of tasks, such as changing the Start screen’s background color. Usability consultants then watched how they did, and noted problem areas. Such as …


​”Where can you click?”


Microsoft’s “Modern” UI (previously called Metro) uses flat, monochrome, and extremely simplistic icons, which sometimes don’t even have a box around them. Many of the study’s participants couldn’t find the “Change PC settings” menu, because it didn’t have an icon and it looked like it was the label for other settings icons right near it. Tapping in places you’d expect to have a result, such as a running app’s title, didn’t work, while Microsoft’s new swiping gestures were often hard to figure out.


​”Information density”


On the scale between “coffee table photo book” and “telephone book,” Windows 8 apps are way over on the coffee table’s side. In contrast to websites packed with pages of text and dozens of images, Windows 8 apps feature large, beautiful pictures, and only minimal text blurbs beneath. While this gives them a striking appearance, it also means it takes lots of swiping to get anywhere.


Windows 8′s Start screen, on the other hand, “feels like dozens of carnival barkers yelling at you,” according to Nielsen. The animated “live tiles” which apps use to display up-to-date information are also what you tap on to launch them, so it can be hard to pick out the right one and easy to get distracted.


​Time to upgrade?


Nielsen says he plans to stick with Windows 7 until Windows 9 is released. He has an especially unfavorable view of Windows 8 for “knowledge workers … in the office”. This may be the group least likely to see Windows 8 anytime soon, however, thanks to years-long corporate support contracts and conservative IT departments.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


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“Price Is Right” model wins $7.7 million in discrimination suit
















LOS ANGELES (Reuters) – A former model on the U.S. daytime television game show “The Price is Right” was awarded $ 7.7 million in punitive damages by a Los Angeles court on Wednesday after suing the show for not letting her return to work after giving birth.


The amount was in addition to $ 775,000 in compensatory damages awarded to 41-year-old Brandi Cochran on Tuesday, after the jury in the case ruled that the producers of the show had acted with malice by not taking her back after her pregnancy.













The jury rejected Cochran’s claim for mental hardship she said she had suffered.


“I hope my case will help other women in the same situation,” Cochran told reporters outside the courtroom after the trial.


Producers for “The Price is Right” said they planned to appeal.


Cochran, who is married to soap-opera actor Dean Cochran, told the Los Angeles Superior Court the show’s producers began treating her poorly after she told them in December 2008 that she was expecting twins.


The former Miss USA and Miss Teen USA told the court that once she was pregnant, producers made disparaging remarks about her eating habits and weight, and removed her from the show’s website.


The show’s comedian host Drew Carey backed the producers in testimony earlier this month.


Cochran worked as model on the show from 2002 until January 2009. Her son was stillborn in February 2009 and her daughter was born prematurely the following month. Cochran said she asked to return to the show, but was turned down in February 2010.


Cochran said she was encouraged to sue by actress Hunter Tylo’s successful 1997 pregnancy discrimination suit against the producers of the TV show “Melrose Place,” who fired Tylo after she announced she was expecting a child.


(Reporting By Eric Kelsey, Editing by Piya Sinha-Roy and David Brunnstrom)


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S&P 500 gains for fourth session on light volume
















NEW YORK (Reuters) – Stocks finished modestly higher on Wednesday, with the S&P 500 up for a fourth session, although volume was one of the year’s lowest on the day ahead of the Thanksgiving holiday.


Investors welcomed news that a ceasefire was declared to end the flare-up in violence between Israel and the Palestinians, though the lack of a deal to release emergency aid for Greece limited the market’s advance.













Investors also remained anxious about the mandatory tax increases and spending cuts that would go into effect in the new year if a deal is not reached to prevent it – known as the “fiscal cliff” – though policymakers are not expected to get back to negotiations until after Thursday’s Thanksgiving holiday.


About 4.76 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with year-to-date daily average volume of 6.5 billion shares. On Thursday, the U.S. stock market will be closed for the Thanksgiving holiday, and on Friday, it will close early at 1 p.m. (1800 GMT).


“Usually on patriotic holidays, which I think Thanksgiving is one, we often see a rally on a light volume. So I wouldn’t be surprised if we see that on Friday, if there is no major news,” said J.J. Kinahan, chief derivatives strategist at TD Ameritrade in Chicago.


“So far this week, we have heard good news in terms of (the) fiscal cliff. Both sides seem to be playing nice, but we will start to see big day-to-day swings (in the market) from next week, when we get more details.”


Greece’s international lenders failed again to reach a deal to release emergency aid to the debt-saddled country. Lenders will try again next Monday, but Germany signaled that significant divisions remain.


A truce between Israel and Hamas gave stocks some support around midday after Egypt announced a ceasefire would come into effect later in the day.


Fears that the fiscal cliff discussions in Washington could be drawn out or yield no resolution have been at the forefront of investors’ minds in recent weeks. Combined with concerns about the euro zone’s continued debt problems, the worries had driven a sell-off that has taken more than 5 percent off the S&P 500 since Election Day in early November.


Positive comments from U.S. politicians that they will work to find common ground have helped the S&P 500 recoup some of that loss in recent sessions.


The Dow Jones industrial average <.DJI> gained 48.38 points, or 0.38 percent, to end at 12,836.89. The Standard & Poor’s 500 Index <.SPX> added 3.22 points, or 0.23 percent, to finish at 1,391.03. The Nasdaq Composite Index <.IXIC> rose 9.87 points, or 0.34 percent, to close at 2,926.55.


St Jude Medical shares tumbled 12.2 percent to $ 31.37 after an inspection report from health regulators raised new safety concerns about one of the company’s leads that are used with implantable defibrillators, analysts said.


A modest gain in International Business Machines helped the Dow outperform the other indexes. IBM rose 0.6 percent to $ 190.29.


Dow component Hewlett-Packard Co climbed 2 percent to close on Wednesday at $ 11.94, recouping a small slice of Tuesday’s loss, when the stock slid to a 10-year low after the computer and printer maker reported a $ 5 billion charge related to “accounting improprieties” at Autonomy, a British software company that HP bought last year. At least two brokerages have cut their ratings on HP’s stock, while analysts at several firms lowered their price targets.


Salesforce.com Inc jumped 8.8 percent to $ 158.78 a day after the business software provider reported results that beat Wall Street‘s expectations for the third quarter and maintained its outlook for the rest of the year.


But Deere & Co dragged on the S&P 500 after the world’s largest farm equipment maker reported a weaker-than-expected quarterly profit. Its stock lost 3.7 percent to $ 82.83.


The market did not derive much direction from the day’s economic data, with initial jobless claims falling last week, as expected.


Other data showed manufacturing picked up at its quickest pace in five months in November, while the Thomson Reuters/University of Michigan’s final reading for November showed the consumer sentiment index improved only slightly from the previous month.


The focus will likely turn to retailers on Friday as analysts try to assess how strong the holiday shopping season will be this year, according to Kurt Brunner, portfolio manager at Swarthmore Group in Philadelphia.


The S&P 500 retail sector index <.SPXRT> was up 0.6 percent.


Holiday shopping traditionally kicks off the day after Thanksgiving, known as Black Friday, as stores offer deals and discounts to lure consumers.


Advancers beat decliners by a ratio of about 2 to 1 on both the New York Stock Exchange and the Nasdaq.


(Editing by Jan Paschal)


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Gazans clean up as truce with Israel holds

GAZA CITY, Gaza Strip (AP) — Gaza residents cleared rubble and claimed victory on Thursday, just hours after an Egyptian-brokered truce between Israel and Gaza's Hamas rulers ended the worst cross-border fighting in four years.

The cease-fire announcement had set off frenzied late night street celebrations in the coastal strip, and raised hopes of a new era in relations between Israel and Hamas. The two sides are now to negotiate a deal that would open the borders of the blockaded Palestinian territory.

"Today is different, the morning coffee tastes different and I feel we are off to a new start," said Ashraf Diaa, a 38-year-old engineer from Gaza City.

However, the vague language in the agreement and deep hostility between the combatants made it far from certain that the bloodshed would end.

Israel launched the offensive on Nov. 14 to halt renewed rocket fire from Gaza, unleashing some 1,500 airstrikes on Hamas-linked targets, while Hamas and other Gaza militant groups showered Israel with hundreds of rockets.

It was the worst fighting since an Israeli invasion of Gaza four years ago.

The eight days of relentless strikes killed 161 Palestinians, including 71 civilians, and five Israelis. Israel also destroyed key symbols of Hamas power, such as the prime minister's office, along with rocket launching sites and Gaza police stations.

Despite the high human cost, Hamas claimed victory Thursday.

"The masses that took to the streets last night to celebrate sent a message to all the world that Gaza can't be defeated," said a spokesman, Sami Abu Zuhri.

While it is far from certain that Hamas will be able to pry open Gaza's borders in upcoming talks, the latest round of fighting has brought the Islamists unprecedented political recognition in the region. During the past week, Gaza became a magnet for visiting foreign ministers from Turkey and several Arab states — a sharp contrast to Hamas' isolation in the past.

Israel and the United States, even while formally sticking to a policy of shunning Hamas, also acknowledged the militant group's central role by engaging in indirect negotiations with the Islamists. Israel and the West consider Hamas, which seized Gaza by force in 2007, to be a terrorist organization.

Israeli Defense Minister Ehud Barak, meanwhile, defended his decision not to launch a ground offensive, in contrast to Israel's invasion of Gaza in the winter of 2008-2009.

"You don't get into military adventures on a whim, and certainly not based on the mood of the public, which can turn the first time an armored personnel carrier rolls over or an explosive device is detonated against forces on the ground," he told Israel Army Radio.

"The world's mood also can turn," he said, referring to warnings by the U.S. and Israel's other Western allies of the high cost of a ground offensive.

However, with the cease-fire just a few hours old, Israel was not rushing to bring home all of the thousands of reservists it had ordered to the Gaza border in the event of a ground invasion, Barak said.

Barak was defense minister during Israel's previous major military campaign against Hamas, which drew widespread international criticism and claims of war crimes.

The mood in Israel was mixed, with some grateful that quiet had been restored without a ground operation that could have cost the lives of soldiers.

Others — particular those in southern Israel who have endured 13 years of rocket fire — thought the operation was abandoned too quickly and without guaranteeing their security.

___

Associated Press writer Amy Teibel in Jerusalem contributed reporting.

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Greek PM presses for deal on loan
















ATHENS, Greece (AP) — Greece has reacted with dismay to the European Union‘s failure to agree to release vital rescue loan funds for the debt-ridden country, with the prime minister warning it was not just Greece’s future that hangs in the balance.


The delay prolongs uncertainty over the future of Greece, which faces a messy default that would threaten the entire euro currency used by 17 EU nations.













Prime Minister Antonis Samaras stressed that Greece has done what its creditors from the EU and International Monetary Fund required. “Our partners, along with the IMF, also must do what they have committed to doing,” he said.


He said that “it is not just the future of our country, but the stability of the entire eurozone” that depend on the success of negotiations in coming days.


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Republic Wireless Now Offering $19/Month Unlimited Smartphone Service to All
















Prepaid wireless carrier Republic Wireless has been offering its $ 19 per month, unlimited everything, prepaid smartphone plan since about this time last year. At the time, though, there were a few catches; you had to buy a very low-end smartphone from them, you had to use its Hybrid Calling technology for most of your calls, and you could only get in if you were lucky enough to be accepted to an exclusive “beta wave.”


Since then, Republic Wireless has upgraded to the slightly more modern Motorola Defy XT as its flagship smartphone model, and has changed to allow unlimited calling, texting, and data over Sprint’s nationwide network, for the same $ 19/month price. Now the North Carolina-based startup is dropping its last restriction; the doors are open for anyone to preorder up to four Defy XT phones, “and they’ll begin shipping in mid-December.”













​The phone


The Motorola Defy XT is designed to be dustproof and waterproof, with rubber bumpers covering each port and an unlocking switch keeping the back cover sealed. Its specs are decidedly last year’s; powered by a 1 GHz, single-core processor, it often shows Kindle Fire-style lag when swiping between home screens on its 3.7 inch display. It runs 2010′s Android 2.3 Gingerbread, with no OS upgrades announced, and it doesn’t have much room to store games and apps, although it comes with a 2 GB microSD card.


​The service


Republic Wireless’ low monthly fee is partly made possible by its Hybrid Calling technology, which is basically an app that loads on startup and lets you make calls and send texts over Wi-Fi. Call quality is generally good, although it depends on how good your Wi-Fi connection is and how many people are streaming video over it while you’re trying to make your call. You can switch off Hybrid Calling by disabling Wi-Fi, if you want to make calls over Sprint’s network instead; this happens automatically if your Wi-Fi signal drops, which has the effect of hanging up your call.


​The support


“Here at Republic,” its Support page explains, “we believe in helping each other out as much as possible.” What this translates to is that there’s no number to call for questions or tech support. Instead, customers are directed to a community wiki and forums, for answers to their issues. If all else fails, you can contact Republic using an online form, and receive a response within 24 hours.


​The price


It costs close to $ 300 to begin using Republic Wireless’ service; $ 249 for the phone, a $ 10 startup fee, and $ 19 for your first monthly fee, before any applicable taxes. That $ 19 is charged once your phone ships, and if Republic’s difficulty keeping up with orders for its first beta waves is any indication, just because the phones “begin shipping in mid-December” doesn’t necessarily mean that that’s when you’ll get yours.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
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Singer Fiona Apple cancels tour dates to be with ailing dog
















LOS ANGELES (Reuters) – Grammy award-winning singer Fiona Apple said in a handwritten letter posted on her website on Tuesday that she has canceled upcoming tour dates in North and South America to be with her ailing dog.


Apple, who vowed to make up the concerts, called off three shows in Brazil between November 27 and 30, a Buenos Aires festival appearance on December 1-2 and a December 9 performance in Mexico City, according to her record label, Epic.













The “Criminal” singer and pianist said her 13-year-old pit bull Janet has been suffering from a tumor in her chest among other ailments and appears to be dying.


“She’s my best friend and my mother and my daughter, my benefactor and she’s the one who taught me what love is,” Apple wrote in the four-page letter she penned last week but did not release until Tuesday. “I can’t come to South America. Not now.”


Apple, 35, said that she wants to appreciate the final days with her dog. “I will not be the woman who puts her career ahead of love and friendship,” Apple wrote.


The singer-songwriter, who is touring in support of “The Idler Wheel … ” album, was arrested in September in Texas and charged with felony drug possession for having four grams of hashish, a form of cannabis.


(Reporting By Eric Kelsey; editing by Patricia Reaney and Todd Eastham)


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Pharmacy owners had no hand in meningitis outbreak: lawyers
















BOSTON (Reuters) – Lawyers for New England Compounding Center‘s owners told a federal judge on Tuesday there is no evidence that any of them directly participated in the events that led to a deadly U.S. meningitis outbreak.


“Due process should not be washed away in a sea of newspaper articles and conjecture,” defense attorney Alan Winchester said.













Winchester made his remarks during a two-hour courtroom battle in Boston, where defense lawyers for the family that owns the specialty pharmacy sought to put distance between their clients and an outbreak that has killed 34 and injured nearly 500 people.


Barry Cadden, part owner and NECC‘s chief pharmacist, had not compounded any drugs at the pharmacy for several years before the meningitis outbreak, defense lawyer Bruce Singal said. Cadden’s wife, Lisa Cadden, also a part owner, has not worked as a pharmacist for seven years, Singal told the court.


The defense lawyers also argued to block a motion by meningitis victims to freeze the assets of NECC and its owners. U.S. District Judge Dennis Saylor took the matter under advisement and suggested a ruling could come by next week.


But Thomas Sobol, a lawyer for plaintiffs, disagreed with the assertions of the defense lawyers. He said Lisa Cadden, for example, cannot claim to be a soccer mom and then be one of the key people answering the questions of investigators about NECC’s operations.


“This woman shouldn’t be entitled to sell her house, her cars and dissipate her assets,” Sobol argued. He wants the judge to freeze the assets of NECC and its owners so they are not concealed or put under the protection of bankruptcy or a receivership.


Sobol said his motion would not preclude the Caddens or the other owners of NECC to buy a Thanksgiving turkey or gas for their cars. But he did ask the judge not to let the Caddens sell their luxury home in Rhode Island and then put the money in an account in the Cayman Islands.


Defense lawyers said there is no evidence that NECC’s owners have tried to conceal anything regarding their assets.


Defense lawyer Daniel Rabinovitz said there’s nothing to show that Greg Conigliaro, the recycling entrepreneur and co-owner who helped his brother-in-law, Barry Cadden, launch NECC, participated in any conduct related to the outbreak. U.S. authorities say NECC shipped thousands of vials of fungus-tainted methylprednisolone acetate to medical facilities throughout the United States.


At one point during the hearing, Judge Saylor talked about how a passive shareholder cannot be held liable for even the most outrageous acts of a corporation.


Singal suggested the outbreak was an isolated incident and told the judge how NECC had been compounding methylprednisolone acetate, which is typically used to ease back pain, for a number of years without incident. He said half a million vials had been shipped without incident over a period of several years.


But Sobol said that was not true, because authorities investigated an incident involving NECC and the drug several years ago.


“My clients are under legal siege,” Singal said, referring to the number of government agencies investigating NECC. “Almost anybody you can think of, except for NASA, has showed up so far.”


(Reporting By Tim McLaughlin; Editing by Maureen Bavdek and Dan Grebler)


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