Judge gives initial OK to revised Facebook privacy settlement












(Reuters) – A U.S. judge on Monday gave his preliminary approval to a second attempt by Facebook Inc to settle a class action lawsuit which charges the social networking company with violating privacy rights.


U.S. District Judge Richard Seeborg in California rejected a settlement in August over Facebook‘s ‘Sponsored Stories’ advertising feature, questioning why it did not award money to Facebook members for using their personal information.












But in a ruling handed down Monday, Seeborg said a revised settlement “falls within the range of possible approval as fair, reasonable and adequate.”


In a revised proposal, Facebook and plaintiff lawyers said users now could claim a cash payment of up to $ 10 each to be paid from a $ 20 million total settlement fund. Any money remaining would then go to charity.


The company also said it would engineer a new tool to enable users to view content that might have been displayed in Sponsored Stories and opt out if they desire, a court document said.


If it receives final approval, the proposed settlement would resolve a 2011 lawsuit originally filed by five Facebook Inc members.


The lawsuit alleged the Sponsored Stories feature violated California law by publicizing users’ “likes” of certain advertisers without paying them or giving them a way to opt out. The case involved over 100 million potential class members.


A spokesman for Facebook said the company was “pleased that the court has granted preliminary approval of the proposed settlement.” Lawyers for the plaintiffs weren’t immediately available for comment Monday evening.


Outside groups and class members will have a chance to object to the latest settlement before Seeborg decides whether to grant final approval. A hearing on the fairness of the deal has been set for June 28, 2013. The case in U.S. District Court, Northern District of California is Angel Fraley et al., individually and on behalf of all others similarly situated vs. Facebook Inc, 11-cv-1726.


(Reporting by Jessica Dye; Editing by Michael Perry)


Tech News Headlines – Yahoo! News


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RG3, Redskins closing in on Giants with 17-16 win

LANDOVER, Md. (AP) — Robert Griffin III went down, the ball popped out, and the Washington Redskins scored a touchdown.

Look out, New York Giants and the rest of the NFC East. If Griffin keeps getting these kinds of breaks, it'll be hard to keep him out of the title hunt for years to come.

As it is, RG3 has the Redskins within a game of first place after leading a fourth-quarter rally in a 17-16 Monday night victory over the Giants.

Washington has a three-game winning streak in which it has dispatched each of its division rivals — Philadelphia, Dallas and now New York — one by one.

"We know that our backs are against the wall," Griffin said. "And even though we won tonight, our backs are still against the wall."

But it'll be hard to count them out whenever he's on the field. It was his sixth game with a 100-plus passer rating, his eighth without an interception — and his second in which one of his fumbles turned into a Redskins score.

On the way to the turf after a 12-yard run, Griffin was stripped by Stevie Brown — but the ball flew right to teammate Joshua Morgan 3 yards upfield. Morgan then ran 13 yards for a first-quarter touchdown no one would ever diagram on a whiteboard.

"We didn't run it in practice because we wanted to save it for the game," Griffin said with a grin. "I knew he was going to be there for it. ... Joshua did a good job being in the spot where he was supposed to be."

By Griffin's reckoning, the Redskins (6-6) are also where they're supposed to be after they appeared out of the running at 3-6 a month ago. One of Griffin's goals this season was to win more games than last season's 5-11 team.

"You can put a check by that one, but there's a lot more goals that this team is stretching for and striving for," Griffin said.

A division title, for instance. With the Giants (7-5) losing three of four and the Cowboys (6-6) also at .500, the NFC East is up for grabs.

"They've got a great opportunity to win the division," Giants defensive lineman Justin Tuck said, "just like we do. ... We let one slip away tonight, but if we handle business, we'll still win this division."

Griffin also broke another record, running for 72 yards to get to 714 for the season, passing Cam Newton for most by a rookie quarterback.

Griffin completed 13 of 21 passes for 163 yards and a go-ahead, 8-yard touchdown to Pierre Garcon in the fourth quarter. He finished with a 101.9 QB rating.

Washington also ended a 10-game home losing streak in Monday night games, another sign that Griffin has a knack for winning on a big stage.

"If he stays healthy, he's going to be a havoc on defenses for a long time," Tuck said.

Garcon finished with eight receptions for 106 yards, showing no signs of the painful toe injury that forced him to miss six of the season's first nine games.

Alfred Morris ran for 124 yards, reaching 1,106 for the season to break Reggie Brooks' franchise rookie rushing record of 1,063, set in 1993.

Eli Manning completed 20 of 33 passes for 280 yards and a touchdown for the Giants, who had won 26 in a row on the road when holding a halftime lead.

They were ahead 13-10 at the break Monday against the Redskins, but they failed to finish the job for the first time since blowing a 21-0 halftime lead in a 24-21 loss to Tennessee in 2006.

Ahmad Bradshaw ran for 103 yards on 24 carries for New York. Victor Cruz, who caught the game-winning score when the teams met in the Meadowlands in October, had five catches for 104 yards for the Giants.

The Giants moved the ball well all game, but the drives produced three field goals by Lawrence Tynes and only one touchdown — Manning's 4-yard pass to Martellus Bennett late in the first half.

There was also some mayhem after another Redskins fumble, this one by Morris in the third quarter. New York defensive tackle Linval Joseph yanked at Redskins center Will Montgomery's leg while players were fighting for the ball in a pile. Montgomery kicked at Joseph in response, and Joseph stomped at Montgomery. Joseph and a Redskins player were whistled for offsetting unnecessary roughness penalties.

"I was just trying to get my leg loose," Montgomery said. "And he ended up kicking me or stomping me or whatever he did."

Joseph said he acted because he saw Montgomery dive into a Giants player, and that he was kicked by Montgomery in the groin. He said he went to stomp on Montgomery but stopped himself.

"It took me everything not to kick him back because I didn't want hurt the team, and I didn't want to get fined and none of that," Joseph said. "I started, then I stopped."

Notes: Redskins coach Mike Shanahan got his 171st win (regular and postseason), tying him with Redskins' Hall of Fame coach Joe Gibbs for 12th all time. ... New York S Tyler Sash left the game with a hamstring injury, and RT Sean Locklear was carted off in the fourth quarter with a knee injury. ... The Giants were uncharacteristically penalty-prone, getting flagged nine times for 73 yards. ... The Redskins have won three division games in three weeks for the first time since 2005.

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With Some Hospitals Closed After Hurricane Sandy, Others Pick Up Slack





A month after Hurricane Sandy struck New York City, unexpectedly shutting down several hospitals, one Upper East Side medical center had so many more emergency room patients than usual that it was parking them in its lobby.




White and blue plastic screens had been set up between the front door and the elevator banks in the East 68th Street building of that hospital, NewYork-Presbyterian/Weill Cornell. The screens shielded 10 gurneys and an improvised nursing station from the view of people obliviously walking in and out of the soaring, light-filled atrium.


“It’s like a World War II ward,” Teri Daniels, who had been waiting a day and a half with a relative who needed to be admitted, said last week.


Since the storm, a number of New York City hospitals have been scrambling to deal with a sharp increase in patients, forcing them to add shifts of doctors and nurses on overtime, to convert offices and lobbies to use for patients’ care, and even, in one case, to go to a local furniture store to buy extra beds.


At Beth Israel Medical Center, 11 blocks south of the Bellevue Hospital Center emergency room, which was shuttered because of storm damage, the average number of visits to the E.R. per day has risen to record levels. Visits have increased by 24 percent this November compared with last, and the numbers show no sign of dropping. Hospital admissions have risen 12 percent compared with last November.


Most of the rise in volume is from patients who had never been to Beth Israel before. An emergency room doctor at the hospital described treating one patient who said he had been born at Bellevue and had never before gone anywhere else.


Emergency room visits have gone up 25 percent at NewYork-Presybterian/Weill Cornell, which in Bellevue’s absence is the closest high-level trauma center — treating stab wounds, gun wounds, people hit by cars and the like — in Manhattan from 68th Street south. Stretchers holding patients have been lined up like train cars around the nursing station and double-parked in front of stretcher bays.


In Brooklyn, some patients in Maimonides Medical Center’s emergency room who need to be admitted are waiting two or three days for a bed upstairs, instead of four or five hours. Almost every one of the additional 1,100 emergency patients this November compared with last November came from four ZIP codes affected by the storm and served by Coney Island Hospital, a public hospital that was closed because of storm damage.


The number of psychiatric emergency patients from those same ZIP codes has tripled, in a surge that began three days before the hurricane, perhaps fueled by anxiety, as well as by displacement from flooded adult homes or programs at Coney Island Hospital, doctors said.


The Maimonides psychiatric emergency room bought five captain’s beds — which do not have railings that can be used for suicide attempts — at a local furniture store, to accommodate extra patients. The regular emergency room had to buy 27 new stretchers after the hurricane, “and we probably need a few more,” the department’s chief, Dr. John Marshall, said.


The emergency room and inpatient operations of four hospitals remain closed because of flooding and storm damage. Besides Bellevue and Coney Island, NYU Langone Medical Center and the VA New York Harbor Healthcare System, both near Bellevue on the East Side of Manhattan, are closed.


While the surge in traffic to other hospitals has been a burden, it has also been a boon, bringing more revenue.


On the Upper East Side, the storm has helped Lenox Hill Hospital, which has a history of financial problems. It took two or three wards that had been turned into offices and converted them back to space for patients. Emergency room visits are up 10 percent, and surgery has been expanded to seven days a week from five.


“We usually operate at slightly over 300 beds, and now we’re at well over 550,” Carleigh Gustafson, director of emergency nursing, said.


Conversely, administrators at the shuttered hospitals, especially NYU Langone, a major teaching center, worry that their patients and doctors are being raided, with some never to return.


NYU’s salaried doctors are being paid through January, on the condition that they do not take another job. But at the same time, they need a place to practice, so NYU administrators have been arranging for them to work as far away as New Jersey until the hospital reopens. Lenox Hill alone has taken on close to 300 NYU doctors, about 600 nurses, and about 150 doctors in training, fellows and medical students.


Obstetricians and surgeons from the closed hospitals have been particularly disadvantaged, since they are dependent on hospitals to treat their patients. Many displaced surgeons have been reduced to treating only the most desperately ill, and operating on nights and weekends, when hospitals tend to be least well staffed.


“I think there’s no question that a lot of people have postponed anything that they can postpone that is elective,” said Dr. Andrew W. Brotman, senior vice president at NYU.


In mid-November, Dr. Michael L. Brodman, chairman of obstetrics at Mount Sinai Medical Center, sent out a memo saying his department had taken on 26 NYU physicians, as well as nurses and residents, but “clearly, that is too much for us to handle long term.”


Since then, 15 of the physicians have gone to New York Downtown Hospital, while Mount Sinai has retained 11 doctors and 26 nurses.


“We are guests in other people’s homes,” Dr. Brotman of NYU said, “and we are guests who have to some degree overstayed their welcome.”


Joanna Walters contributed reporting.



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E.E.O.C. Finds Race Bias In Firing at Wet Seal Store





The Equal Employment Opportunity Commission said in a statement released Monday that Wet Seal, a nationwide apparel retailer for young women, illegally discriminated against a former store manager after one of the company’s executives complained about too many black employees at the manager’s store in Pennsylvania.







Laura Pedrick for The New York Times

Nicole Cogdell, right, a former manager at Wet Seal who accused the retailer of racial bias, and her lawyer Nancy DeMis.







Citing unusually blatant evidence of racial discrimination, the director of the commission’s Philadelphia office noted in a “determination” released Monday that Wet Seal’s “corporate managers have openly stated they wanted employees who had the ‘Armani look, were white, had blue eyes, thin and blond in order to be profitable.’ ”


The federal agency found that Wet Seal terminated Nicole Cogdell, the African-American former manager of its store in King of Prussia, Pa., in 2009, the day after the retailer’s senior vice president for store operations had inspected that store and several others in the area and sent an e-mail saying, “African Americans dominate — huge issue.”


The commission said it would seek “a just resolution of this matter” through negotiations.


It issued its determination after Ms. Cogdell had filed a complaint with the agency and after she and two other black former Wet Seal managers filed a federal race discrimination lawsuit against the company last July.


Wet Seal insisted that Ms. Cogdell had resigned voluntarily and that it therefore had taken no adverse employment action against her. But the commission found that the senior vice president’s e-mail, which Ms. Cogdell said she had seen, and the company’s sudden laying off of numerous African-Americans at several stores in Pennsylvania had created a hostile work atmosphere that had forced her to quit. The agency called this tantamount to a discharge.


The commission said that before Ms. Cogdell was forced out, she had received high ratings in running the King of Prussia store, which was ranked No. 8 among Wet Seal’s more than 500 stores. Her regional manager and district manager had said she had “great energy” and “strong ability” to hold other managers and subordinates accountable in fulfilling their responsibilities.


In a statement, Wet Seal said that a month ago, it began voluntarily collaborating with the commission on an “extensive program designed to continue to promote diversity” and protect against discrimination. The company, which is based in Foothill Ranch, Calif., said the agency had advised it that all other E.E.O.C. cases brought against Wet Seal had been closed.


Wet Seal added that its new leadership team “had been unequivocally vocal about its commitment to equal employment opportunity in all employment practices, as well as a work environment that is free from unlawful discrimination, harassment and retaliation.”


In a statement released Monday by her lawyers, Ms. Cogdell said: “It is intolerable for any company — let alone a major company with hundreds of outlets — to blatantly discriminate against its African-American employees. But I wasn’t the only victim of Wet Seal’s discrimination, and I will not stop fighting for justice for all the victims.”


Ms. Cogdell’s lawyers, Brad Seligman and the NAACP Legal Defense and Educational Fund Inc., are seeking class-action status for her suit against Wet Seal, saying that more than 20 current and former employees had filed bias charges with the E.E.O.C.


The agency’s district director for Philadelphia, Spencer H. Lewis Jr., said Wet Seal’s senior vice president for store operations, Barbara Bachman, who he said had a major role in pushing out Ms. Cogdell, resigned voluntarily in 2011. The E.E.O.C. declined to comment further.


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Letter From Washington: The Counties That Cost Romney the Election







WASHINGTON — When it comes to presidential politics in Pennsylvania, Republicans are like the comic strip character Charlie Brown, who prepares to kick a football, only to have it pulled back every time by his pal Lucy.




This time, it was Mitt Romney who was tempted to go for the prize, and his camp poured $10 million into Pennsylvania in the closing weeks of the U.S. presidential campaign. He lost by more than five points in that state, suffering the same fate as every one of his party’s nominees in the previous five presidential elections.


To understand why, look at two suburban counties near Philadelphia: Delaware, a middle-class enclave, and Montgomery, a more affluent area. Republicans win many of the local offices in Montgomery and Delaware, and until a few decades ago, so did the party’s presidential nominees. This November, President Barack Obama carried both counties by about 60,000 votes.


Montgomery is Pennsylvania’s third most populous county and Delaware its fifth; both are growing and becoming more diverse. The residents are not Mr. Romney’s 47 percent — those he called takers who rely on government largess — they just do not like the current brand of national Republicanism.


Pennsylvania will remain relatively blue in presidential politics until Republicans can compete in these counties.


This state of affairs is replicated in places that really were swing states, Virginia and Colorado for example.


In Virginia, Prince William and Loudoun counties are Washington exurbs that Mr. Obama carried in 2008, that went for George W. Bush in 2004 and were won decisively by the Republican governor, Bob McDonnell, three years ago. Four days before the election this year, Mr. McDonnell predicted that Mr. Romney would win the counties.


Instead, Mr. Obama carried Prince William, the third most populous county in the state, by 16 percent, or more than 28,000 votes. He won a narrower, but clear, victory in Loudoun, which before 2008 had not voted for a Democratic president since 1964 and where, 20 years earlier, George H.W. Bush won by a margin of more than two to one.


These two counties, although different, share important political characteristics. They are fast-growing — Prince William’s population has quadrupled over the past 40 years and Loudoun’s has grown tenfold — affluent and diversifying with a mix of Latinos, blacks and Asians. In local races, they favor Republicans; the national patterns are going the other way.


The picture is similar in Colorado, particularly in Arapahoe County, to the east of Denver, the state’s third most populous, and to the west, Jefferson County, which casts more votes than any other. Like their Virginia counterparts, these counties are fast-growing and comparatively well off. They shape close elections.


Arapahoe is more diverse, with more minorities, and tilts more Democratic. Mr. Obama carried it on Nov. 6 by almost 10 points, more than a tilt.


Jefferson is typical of large, growing suburbs with a range of voters from upper income to working class. “It mirrors in every election, Colorado,” said Craig Hughes, an influential Democratic consultant there. “If you want to carry the state, you carry Jefferson.” Mr. Obama won it by almost five points.


It is also instructive, in a slightly different way, to look at a few big counties in Florida and Ohio, the mothers of all battleground states.


In Florida, it is Hillsborough County, consisting of Tampa and its environs. It is the fourth most populous county in the state and the best bellwether: It has voted the same as the rest of the state in every presidential contest since John F. Kennedy won in 1960.


Before 2008, Hillsborough had gone Republican in six of the seven preceding presidential elections. It went for Mr. Obama by about seven points four years ago and by a similar margin this year.


“The Democrats’ grass-roots organization bringing minorities and young college students to vote was the difference,” said Susan MacManus, a political science professor at the University of South Florida.


In Ohio, it was Hamilton County, which includes Cincinnati and suburbs. Ohio is a diverse state, and Hamilton County is a microcosm of that diversity: old-line Republicans, who used to dominate, plus young professionals and racial minorities. It was carried by George W. Bush in 2004 and Mr. Obama in 2008 and 2012.


In no place was the ground game or infrastructure battle joined more forcefully, on both sides. Mr. Obama almost matched his 2008 margin, carrying the county by about 20,000 votes. In such a pitched battle, there are lots of explanations.


Alex Triantafilou, the energetic Republican chairman for Hamilton County, worries that among the “independent swing voter, the 35- to 45-year-old female whose dad was a Republican,” and among young professionals, “we just didn’t do as well as we should have.”


In 2012, Mr. Obama was a stronger candidate with a superior organization. Republicans are in dangerous disfavor with minorities and young voters. The party’s problems run deeper, as these eight bellwether counties across the United States illustrate.


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Specs surface for alleged low-end $99 Nexus 7












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Romo sets TD mark as Cowboys beat Eagles, 38-33

ARLINGTON, Texas (AP) — Tony Romo knows what matters the most when it comes to the Dallas Cowboys. So while it's nice to break Troy Aikman's franchise record for career touchdown passes, he's focused on getting his team to the playoffs.

Romo threw three second-half touchdown passes to answer a strong game by Philadelphia's rookie duo of Bryce Brown and Nick Foles, and the Cowboys sent the Eagles to their eighth straight loss with a 38-33 victory Sunday night.

The first two scoring tosses from Romo erased seven-point deficits, including a 23-yarder to Dez Bryant that was vintage Romo and broke Aikman's career mark of 165 TD passes. Romo scrambled to his right and threw back across the field to Bryant, who weaved through the Philadelphia defense to tie it at 17 in the third quarter.

Romo tied it again at 24 on a throw to Miles Austin, and had one more answer after Brown and Foles led the Eagles to a go-ahead field goal. He threw deep to Bryant for 35 yards on third down, and Bryant found his way into the end zone again by taking a screen pass 6 yards just inside the pylon for a 31-27 lead with 5:40 remaining in the game.

"It's about winning games," said Romo, who was 10 of 10 in the second half and completed his last 12 passes. "We desperately had to have this win tonight, and our team fought like heck to get a win."

The Eagles' slide continued despite 169 yards rushing and two touchdowns from Brown a week after he set a team rookie record with 178 yards on the ground.

After Romo's go-ahead touchdown pass, Dallas went up by 11 when Morris Claiborne returned a fumble by Brown 50 yards for a touchdown.

Brown's fumble snapped a streak of eight straight scoring drives by both teams. It was the second straight week that he mixed big runs with critical fumbles after losing the ball twice in last week's loss to Carolina.

"Up until that fumble, he had done a heck of a job," Eagles coach Andy Reid said. "He was trying to get every stinking yard he possibly could."

Philadelphia (3-9) had a chance for an improbable rally when Damaris Johnson returned a punt 98 yards with 31 seconds left. After a failed 2-point conversion, the Cowboys recovered the onside kick and ran out the clock.

Foles, who was 22 of 34 in his third start in place of Michael Vick, led the Eagles to a 27-24 lead early in the fourth quarter on a 43-yard field goal by Alex Henery, who now has the longest current field goal streak at 21 after Cleveland's Phil Dawson had a kick blocked Sunday.

"It was a tough loss," Foles said. "I'm proud of our team with the way they fought. We have to keep working and stick together."

Dallas running back DeMarco Murray, who started after missing six games with a sprained right foot, finished with 83 yards and a touchdown. Romo was 22 of 27 for 303 yards with no interceptions and a passer rating of 150.5.

Brown, who started his first game since high school when he filled in for LeSean McCoy last week, went in untouched on both of his scoring plays in the first half. He scooted around the left side for a 7-0 lead and trotted through a big hole up the middle to make it 14-3 midway through the second quarter.

Vick and McCoy are sidelined by concussions.

Philadelphia was in front after the first quarter for the first time all season, but Dan Bailey got the Cowboys on the board with a 39-yard field goal early in the second. DeMarco Murray's 1-yard touchdown run trimmed the Eagles' lead to 14-10 with 41 seconds left in the half.

Romo overcame a holding penalty and an 8-yard loss when Kevin Ogletree fumbled a handoff on a reverse by completing third-down passes to Jason Witten, Bryant and Miles Austin. Romo then found Witten all alone in the middle of the field for 28 yards to the 1, setting up Murray's score.

The Eagles answered by driving 52 yards in 35 seconds to a 43-yard field goal by Henery on the last play of the half. Foles completed a 29-yard pass to Jason Avant to get the Eagles in scoring range.

Brown got Philadelphia's first scoring drive going with a 42-yard run up the middle and finished it with a 10-yard run.

Trailing 7-3 early the second quarter, the Cowboys went three and out after a third-down completion from Romo to Witten was overturned on a challenge by Reid. Replay showed the ball hitting the turf as Witten grabbed it.

Two plays later, Brown went 39 yards down the sideline and later scored from 5 yards out.

The Cowboys welcomed Murray back by running him three straight times to start the game after calling 52 straight pass plays from the second quarter to the end of a Thanksgiving loss to Washington. The first time Murray went to the sideline, Romo was sacked by Brandon Graham on third-and-3.

After the first Philadelphia touchdown, the Cowboys drove down the field for Bailey's field goal. Romo found Witten for 11 yards on third-and-10 and escaped pressure to complete a pass to Cole Beasley for 13 yards to the Eagles 41. Romo also had a 15-yard scramble.

Not only did Dallas get Murray back, but the offensive line was closer to full strength. Center Ryan Cook returned after missing time with a knee injury, which allowed Mackenzy Bernadeau to return to guard after two starts at center.

NOTES: The Cowboys snapped an eight-game losing streak on Sunday night. ... Foles' first two career TD passes were against Dallas, and both were to Riley Cooper. ... Heisman Trophy contender Johnny Manziel of Texas A&M watched the game from a suite. His next game will be at Cowboys Stadium, against Oklahoma in the Cotton Bowl on Jan. 4.

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Vietnam Veterans, Claiming PTSD, Sue for Better Discharges





NEW HAVEN — In the summer of 1968, John Shepherd Jr. enlisted in the Army, figuring that the draft would get him anyway. By January 1969, he was in the Mekong Delta, fighting with the Ninth Infantry Division.




Within a month, his patrol was ambushed, and Mr. Shepherd responded by tossing a hand grenade into a bunker that killed several enemy soldiers. The Army awarded him a Bronze Star with a valor device, one of its highest decorations.


Yet the medal did little to assuage Mr. Shepherd’s sense of anxiousness and futility about the war. A few weeks after his act of heroism, he said, his platoon leader was killed by a sniper as he tried to help Mr. Shepherd out of a canal. It was a breaking point: his behavior became erratic, and at some point he simply refused to go on patrol.


“I never felt fear like I felt when he got shot,” Mr. Shepherd said last week.


After a court-martial, the Army discharged Mr. Shepherd under other-than-honorable conditions, then known as an undesirable discharge. At the time, he was happy just to be a civilian again. But he came to rue that discharge, particularly after his claim for veterans benefits was denied because of it.


Today, Mr. Shepherd, 65, is part of a class-action lawsuit against the armed forces arguing that he and other Vietnam veterans had post-traumatic stress disorder when they were issued other-than-honorable discharges. The suit, filed in Federal District Court, demands that their discharges be upgraded.


The suit raises two thorny issues that could affect thousands of Vietnam veterans: Can they be given a diagnosis of PTSD retroactively, to their time in service, though the disorder was not identified until 1980? And if they can, should recently instituted policies intended to protect troops with PTSD be applied retroactively to their cases?


Mr. Shepherd’s legal team, students with the Yale Law School veterans legal clinic, argues yes on both counts. In court papers, they assert that it is reasonable to assume that Mr. Shepherd and other veterans who were later given PTSD diagnoses began exhibiting troublesome symptoms while in service.


Moreover, under rules put in place during the Iraq war, troops who say they have PTSD must be given medical examinations before they are forced out of the military, to ensure that problematic behavior is not linked to the disorder. If they are given a PTSD diagnosis, service members may still receive an honorable discharge.


“Vietnam War-era veterans, in contrast, have been denied this opportunity for appropriate consideration of the PTSD,” the students said in the complaint.


But the Army says no. In a rejection of an earlier request by Mr. Shepherd to upgrade his discharge, the Army tersely rejected evidence that his misconduct 43 years ago was linked to PTSD and raised questions about whether his platoon leader was actually killed.


A spokesman for the Army said the military has a policy of not discussing pending litigation.


The details of Mr. Shepherd’s case aside, the suit could have a wide impact. The Yale team says that its review of records from 2003 to 2012 shows that 154 Vietnam-era veterans petitioned the Army to upgrade discharges because of PTSD, but that only two were successful. Yet the Army Board of Corrections for Military Records granted upgrades nearly half of the time for other cases.


The students estimate that more than a quarter million Vietnam-era veterans were discharged under other-than-honorable conditions, and that thousands of those probably had PTSD. Their suit names as defendants the secretaries for the Army, Air Force and Navy. Vietnam Veterans of America, the veterans service organization, is joining the case as a plaintiff on Monday.


Discharges that are other than honorable can make it harder for veterans to find work and also disqualify them for veterans benefits.


In Mr. Shepherd’s case, a Department of Veterans Affairs doctor in 2004 gave him a diagnosis of service-connected PTSD. As a result, the department will provide health care for his PTSD. But it will not provide him general medical care, unless he is found to have other health problems related to his service.


Veterans disability compensation is also a problem. Mr. Shepherd’s undesirable discharge was actually upgraded to a general discharge in the 1970s under a special Carter administration program. That upgrade should have made it easier for him to apply for disability compensation. But subsequent legislation enacted by Congress said that clemency upgrades like Mr. Shepherd’s did not automatically qualify veterans for benefits. Mr. Shepherd’s compensation claim was ultimately rejected.


Mr. Shepherd, who has been divorced twice and battled through alcoholism and drug abuse, lives in New Haven, getting by on Social Security and a Teamsters pension. (He drove trucks for years.) He could use the extra money from disability compensation, but what matters as much, he says, is removing the stain of his discharge.


“I want that honorable,” he said. “I did do my part, until I really felt it wasn’t worth getting killed for.”


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Advertising: Ford Plan to Revive Lincoln Hinges on a New Brand


An unusual ad campaign features Abraham Lincoln, the president for whom the car brand is named.







DEARBORN, Mich. — In the fiercely competitive world of luxury cars, the Ford Motor Company’s Lincoln brand has long been stuck in the slow lane, with stodgy models, older buyers and a distinct lack of pizazz.




But Ford is determined to change that. On Monday, the company will announce upgraded customer service initiatives, a new brand name for Lincoln that plays down the Ford connection and an unusual advertising campaign that features Abraham Lincoln, the president for whom the brand is named.


Ford’s chief executive, Alan R. Mulally, will begin the rebranding effort at an event outside Lincoln Center in Manhattan — the first in a series of moves meant to reverse Lincoln’s seemingly perpetual state of decline.


Ford will formally rechristen the brand as the Lincoln Motor Company and introduce a television spot that begins with an image of Lincoln, stovepipe hat and all. The brand’s first Super Bowl commercial is in the works, as is a revamped Web site that links consumers to a Lincoln “concierge” who can arrange test drives or set up appointments at dealerships.


Mr. Mulally will also announce the on-sale date in early 2013 for the radically redesigned Lincoln MKZ sedan, as well as plans for three new vehicles down the road.


If it seems like an all-out grab for attention, well, that’s exactly the point, said James D. Farley Jr., Ford’s head of global sales and marketing and the newly named chief of the Lincoln revival effort.


“The most important thing is for people to be aware that there is a transition going on,” Mr. Farley said. “We have to shake them up.”


The shake-up is long overdue and critically important to Ford, the nation’s second-largest car company behind General Motors.


As recently as the 1990s, Lincoln was the top-selling luxury automotive brand in the United States. Its large Town Car sedan and hulking Navigator S.U.V. defined the brand, and sales topped more than 230,000 vehicles a year.


But since then, Lincoln has been left in the dust by the German category leaders BMW and Mercedes-Benz, and Toyota’s Lexus division. This year, Lincoln ranks eighth in the American luxury segment, with sales down 2 percent, to 69,000, vehicles in the first 10 months of the year.


Its crosstown rival G.M. has had much better success reviving its Cadillac brand.


“Cadillac has been stabilized, but Lincoln is still muddling about,” said Jack Trout, president of the marketing firm Trout and Partners. “The big question is, how can Lincoln convince people it is more than just a gussied-up Ford?”


That task has now fallen to Mr. Farley, who left Toyota five years ago to join Ford just as Mr. Mulally’s transformation of the company was under way. Since then, Ford has introduced a succession of sleeker, more fuel-efficient and technology-laden models that have lifted sales and made it among the most profitable car companies in the world.


Lincoln, however, has not benefited from the turnaround. It accounts for only 3 percent of Ford’s total sales, down from 8 percent during the brand’s heyday. And since Ford has sold off foreign luxury divisions like Volvo and Jaguar, Lincoln is the sole upscale brand in the company.


“There is nothing more frustrating for us than to have someone who loves their Ford car and S.U.V., but goes out to buy a luxury model from another brand because we don’t have one,” Mr. Farley said.


The Lincoln comeback effort starts with the midsize MKZ, which has been redesigned with a sweeping grille, tapered body style and an all-glass retractable roof. It will be followed by three other new models, including a larger sedan and S.U.V.


But the brand’s image needs much more than better cars. Under Mr. Farley’s direction, a newly formed team of 200 people is intent on establishing the Lincoln Motor Company as a boutique luxury line known for personalized service.


Every customer who reserves an MKZ, for example, will be presented with an elegant gift upon receiving the car. Choices include a selection of wines and Champagne, custom-made jewelry or sunglasses, or a one-night stay at a Ritz-Carlton hotel.


Lincoln’s Web site will also have a consultant available 24 hours a day for live discussions about the products and to streamline the buying process. Prospective buyers will be given an opportunity for a “date night” with Lincoln, which includes a two-day test drive and a free meal at a restaurant.


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After Death of Sattar Beheshti, Iranian Blogger, Head of Tehran’s Cybercrimes Unit Is Fired





TEHRAN — Iranian’s national police chief fired the commander of Tehran’s cybercrimes police unit on Saturday for negligence in the death of a blogger in prison.




The dismissal of the commander, Gen. Saeed Shokrian, follows investigations by Parliament and Iran’s judiciary into the unexplained death of the blogger, Sattar Beheshti, 35, who died in early November just a few days after being arrested by the cybercrimes police unit, known here as FATA.


“Tehran’s FATA should be held responsible for the death of Sattar Beheshti,” said Iran’s national police chief, Ismael Ahmadi-Moqaddam, according to the Iranian Labor News Agency.


It is unclear whether General Shokrian will also face judicial charges over the blogger’s death.


The public nature of his dismissal suggests that he will bear most of the responsibility for the death. In similar cases in the past, officials have been punished, but it is rare for them to be named and publicly dismissed on the same day.


Mr. Beheshti’s Web site, My Life for My Iran, criticized Iran’s financial contributions to the Hezbollah movement in Lebanon. Mr. Beheshti posted pictures of Lebanese youths having parties alongside images of Iranians living in poverty.


The exact cause of Mr. Beheshti’s death remains murky. Mr. Ahmadi-Moqaddam said Tuesday that investigations had ruled out torture as a cause of death, saying it was possible that Mr. Beheshti, who in pictures looks big and strong, died of “psychological shock.”


Iranian activists and bloggers say Mr. Beheshti died of injuries following beatings. Iran’s judiciary spokesman, Gholam Hussein Mohseni-Ejei, recently admitted that Mr. Beheshti — while in prison — had lodged a written complaint against an interrogator, in which he accused the man of having beaten him during his detention in Tehran’s Evin prison.


“I, Sattar Beheshti, was arrested by FATA and beaten and tortured with multiple blows to my head and body,” read the document, published by the opposition Kalame Web site. He added, “If anything happens to me, the police are responsible.”


Mr. Ahmadi-Moqaddam said that Mr. Beheshti was given tranquilizers while in the prison’s clinic, but that when handed over to the cybercrimes unit its officers denied him the same tranquilizers. “This might be regarded as neglect,” he said. “However, there were no signs of beatings on his body.”


Official statements on the cause of death have been contradictory. An influential member of Parliament who earlier denied that Mr. Beheshti had been tortured in any way told the Tabnak Web site that the blogger had been beaten, but died of shock and fear.


“Definitely he was beaten inside the FATA detention center,” the lawmaker, Alaeddin Borujerdi, told the Web site, “but he didn’t die as a result of these beatings.” He also stressed that the cybercrimes unit must change the way it deals with prisoners.


Iranian activists who have been in contact with Mr. Beheshti’s family say his relatives were not allowed to see his body before a hurried funeral on Nov. 6 in his hometown, Robat Karim, 30 miles southwest of the capital, Tehran.


In Mr. Beheshti’s final post, on Oct. 29, a day before his arrest, he said he was being threatened by security officials. “They told me that if I didn’t close my big mouth my mother should prepare to wear black clothes,” for mourning.


The Iranian Parliament’s special investigator into the case, Mehdi Davatgari, said he welcomed the commander’s removal. “This move shows the civil rights of our citizens are our top priority,” he said.


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