Metra investigates open door on moving rush-hour train

Metra officials say they're investigating why a rush-hour train left Union Station and ran at express speed with a passenger door open Tuesday, Feb. 5, 2013. (Posted Feb. 6, 2013)








A Metra express train bound for Naperville left Union Station with an open door Tuesday evening, running for several minutes – and with passengers only a few feet away – until a conductor came along and shut it.

BNSF Line train No. 1283 left the station at 6:14 p.m. with a full load of passengers, but a door on a middle car remained open. Dozens of passengers, meanwhile, walked through the vestibule past the open door as the train was moving.


The incident was captured on cellphone video by a Tribune reporter who was aboard the train. At least one passenger tried to close the door while the train was moving, reporter Rob Manker said.


Express trains often run 60 mph or faster, but it's unclear how fast this train was going at the time.

The door remained open for 13 minutes until a conductor passing through the vestibule while collecting tickets was able to pull it closed, he said.

Spokespeople for Metra and Fort Worth, Texas-based BNSF Railway Co., which operates the line with its employees for Metra, said late Tuesday that the matter was being investigated.

“We are taking it very seriously,” Metra spokesman Michael Gillis said. He added that the train equipment was being checked overnight before going back into service.

The incident raises questions about whether crew members followed rules to ensure that all doors are closed and passengers are safe before the train moves.

Those rules were prompted by the 1995 incident in which violinist Rachel Barton was caught in the door of a moving UP North Line train and was dragged, causing her to lose part of a leg. A jury awarded Barton $29 million.

According to Metra, before a train leaves a station, a conductor must close all doors except his own, then take a second look down the platform to ensure the doors are completely shut and that no one is still trying to board.

A light in the engineer’s cab is supposed to indicate when all doors are closed, Gillis said.

Metra has had more recent incidents in which trains began moving when doors were not completely shut or passengers were caught.

In March 2011, a 63-year-old Indian Head Park woman escaped serious injury when she was caught in the doors of a BNSF Line train while attempting to board in La Grange. Fellow passengers were able to open the doors and free the woman as the train began to roll.

In December 2009, a 4-year-old boy's boot was caught by the door of a SouthWest Service train and his mother yanked the child's leg free as the train left the Worth station. Two crew members were disciplined as a result.

rwronski@tribune.com






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Daniel Day-Lewis seen winning Best Actor Oscar, poll shows






LOS ANGELES (Reuters) – Daniel Day-Lewis is expected to make Hollywood history by winning his third Best Actor Oscar on February 24 but the public is split over who deserves the Best Supporting Actor prize, a Reuters poll showed on Wednesday.


Day-Lewis, 55, has already picked up almost every major award this season for playing U.S. President Abraham Lincoln in Steven Spielberg‘s Civil War-era drama “Lincoln” and he is front-runner for the top British BAFTA award on February 10.






A Reuters Ipsos poll of 909 Americans found 21 percent thought British-born Day-Lewis, 55, should win and 26 percent said he was most likely to win Best Actor at the Oscars for Lincoln, a role he assumed both off and on set during filming.


He is up against Hugh Jackman, who came second in the Reuters poll for musical “Les Miserables,” Bradley Cooper in the quirky romance “Silver Linings Playbook,” Joaquin Phoenix in cult drama “The Master” and Denzel Washington as an alcoholic pilot in “Flight.”


If Day-Lewis does win, he will be the first man to take home the Best Actor statue three times, having won the award in 1990 for playing severely disabled Irish artist Christy Brown in “My Left Foot” and in 2008 for his role as oil prospector Daniel Plainview in “There Will be Blood.”


But Day-Lewis, who chooses his roles carefully and has only appeared in 10 films in the past 20 years, was not taking a win for granted. It took Spielberg three attempts to persuade him to sign up for the lead role in “Lincoln.”


“Members of the Academy love surprises, so about the worst thing that can happen to you is if you’ve built up an expectation,” the actor told reporters after winning the Screen Actors Guild trophy in Los Angeles last week.


Bookmakers, however, were not expecting any surprises, with Day-Lewis the clear favorite to win the Best Actor award.


But the public was less certain on who would bag the award for Best Supporting Actor from the 6,000 members of the Academy of Motion Picture Arts and Sciences.


The field of five includes Alan Arkin from Iran hostage drama “Argo,” Robert De Niro as the father in “Silver Linings Playbook,” Philip Seymour Hoffman from “The Master,” Tommy Lee Jones in “Lincoln,” and Christoph Waltz in “Django Unchained.”


The results at awards ceremonies so far this year have been mixed.


Jones won at the Screen Actors Guild, Waltz won the Golden Globe, and Seymour Hoffman was chosen Best Supporting Actor at the Critics Choice Movie Awards.


Almost half of the respondents to the online poll, conducted Friday through Tuesday, were unsure who should win at the Oscars in the supporting actor category.


Some 20 percent chose Jones, while 14 percent picked De Niro as the actor most likely to take home the Oscar.


The accuracy of the poll uses a statistical measure called a “credibility interval” and is precise to within 2.8 percentage points.


Bookmakers, however, put 66-year-old Jones as the front-runner to win his second Oscar for his role as liberal congressman Thaddeus Stevens in “Lincoln.” He won the Academy Award for Best Supporting Actor in 1994 for “The Fugitive.”


(Reporting by Belinda Goldsmith; Editing by Jill Serjeant and Eric Walsh)


Movies News Headlines – Yahoo! News





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Ipswich Journal: Paul Mason Is One-Third the Man He Used to Be


Paul Nixon Photography


Paul Mason in 2012, two years after gastric bypass surgery stripped him of the unofficial title of “the world’s fattest man.”







IPSWICH, England — Who knows what the worst moment was for Paul Mason — there were so many awful milestones, as he grew fatter and fatter — but a good bet might be when he became too vast to leave his room. To get him to the hospital for a hernia operation, the local fire department had to knock down a wall and extricate him with a forklift.




That was nearly a decade ago, when Mr. Mason weighed about 980 pounds, and the spectacle made him the object of fascinated horror, a freak-show exhibit. The British news media, which like a superlative, appointed him “the world’s fattest man.”


Now the narrative has shifted to one of redemption and second chances. Since a gastric bypass operation in 2010, Mr. Mason, 52 years old and 6 foot 4, has lost nearly two-thirds of his body weight, putting him at about 336 pounds — still obese, but within the realm of plausibility. He is talking about starting a jewelry business.


“My meals are a lot different now than they used to be,” Mr. Mason said during a recent interview in his one-story apartment in a cheerful public housing complex here. For one thing, he no longer eats around the clock. “Food is a necessity, but now I don’t let it control my life anymore,” he said.


But the road to a new life is uphill and paved with sharp objects. When he answered the door, Mr. Mason did not walk; he glided in an electric wheelchair.


And though Mr. Mason looks perfectly normal from the chest up, horrible vestiges of his past stick to him, literally, in the form of a huge mass of loose skin choking him like a straitjacket. Folds and folds of it encircle his torso and sit on his lap, like an unwanted package someone has set there; more folds encase his legs. All told, he reckons, the excess weighs more than 100 pounds.


As he waits to see if anyone will agree to perform the complex operation to remove the skin, Mr. Mason has plenty of time to ponder how he got to where he is. He was born in Ipswich and had a childhood marked by two things, he says: the verbal and physical abuse of his father, a military policeman turned security guard; and three years of sexual abuse, starting when he was 6, by a relative in her 20s who lived in the house and shared his bed. He told no one until decades later.


After he left school, Mr. Mason took a job as a postal worker and became engaged to a woman more than 20 years older than him. “I thought it would be for life, but she just turned around one day and said, ‘No, I don’t want to see you anymore — goodbye,’ ” he said.


His father died, and he returned home to care for his arthritic mother, who was in a wheelchair. “I still had all these things going around in my head from my childhood,” he said. “Food replaced the love I didn’t get from my parents.” When he left the Royal Mail in 1986, he said, he weighed 364 pounds.


Then things spun out of control. Mr. Mason tried to eat himself into oblivion. He spent every available penny of his and his mother’s social security checks on food. He stopped paying the mortgage. The bank repossessed their house, and the council found them a smaller place to live. All the while, he ate the way a locust eats — indiscriminately, voraciously, ingesting perhaps 20,000 calories a day. First he could no longer manage the stairs; then he could no longer get out of his room. He stayed in bed, on and off, for most of the last decade.


Social service workers did everything for him, including changing his incontinence pads. A network of local convenience stores and fast-food restaurants kept the food coming nonstop — burgers, french fries, fish and chips, even about $22 worth of chocolate bars a day.


“They didn’t deliver bags of crisps,” he said of potato chips. “They delivered cartons.”


His life became a cycle: eat, doze, eat, eat, eat. “You didn’t sleep a normal sleep,” he said. “You’d be awake most of the night eating and snacking. You totally forgot about everything else. You lose all your dignity, all your self-respect. It all goes, and all you focus on is getting your next fix.”


He added, “It was quite a lonely time, really.”


He frequently got infections and was transported to the hospital — first in a laundry van, then on the back of a truck and finally on the forklift. For 18 months after a hernia operation in 2003, he lived in the hospital and in an old people’s home — where he was not allowed to leave his room — while the local government found him a house that could accommodate all the special equipment he needed.


This article has been revised to reflect the following correction:

Correction: February 6, 2013

The headline on an earlier version of this article misstated Paul Mason’s current weight relative to what he weighed nearly a decade ago. He is now about one-third of the weight he was then, not two-thirds.



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Chicago sees surge in foreclosure auctions









More than 35,000 homes and small multifamily buildings in the Chicago area completed the foreclosure process last year, the highest number since the housing crisis began, and the vast majority of them became bank-owned.


An increase in foreclosure auctions was expected since lenders shelved many foreclosure cases while state and federal authorities investigated allegations of faulty foreclosure processes. Still, the heightened level of auctions — 35,244 in 2012, compared with 20,281 in 2011 — along with an increase in initial foreclosure filings, shows the local housing market has a long road to recovery, according to the Woodstock Institute.


"There's going to be pain in the housing market in the short term," said Katie Buitrago, senior policy and communications associate at Woodstock. "There's still high levels of filings. Five years into it, there is still work to be done to help people save their homes."








The Chicago-based public policy and research group is expected to release its report on 2012 foreclosure activity Wednesday.


The year-end numbers show that, with few exceptions, all Chicago neighborhoods and suburban communities saw high double-digit percentage gains in auctions last year. Across the six-county area, 91.3 percent of the foreclosed properties were repossessed by lenders. At the same time, notices of initial default sent to homeowners, the first step in the foreclosure process, increased by 2.9 percent last year, to 66,783.


Real estate agents have worried for more than two years about a glut of foreclosed properties — a shadow inventory — that banks would list for sale en masse and cause home values to plunge. That largely has not happened, but the vast number of distressed properties in the market has kept a lid on local home values.


On Tuesday, for instance, Fannie Mae and Freddie Mac's websites listed 2,415 Cook County homes for sale that the two agencies had repossessed.


Chicago-area home prices, including distressed sales, fell 2.3 percent in December from a year ago, housing analytics firm CoreLogic said Tuesday. Illinois was one of only four states to see home-price depreciation.


The increase in auctions "is a mixed blessing," Buitrago said. "We've been having a lot of trouble in the region with vacant properties that have been languishing for years. The longer they're vacant, the more likely they are to be a destabilizing force in their communities."


Woodstock found that within the city of Chicago, there were 20 communities where more than 1 in 10 owner-occupied one- to four-unit residential buildings and condos went through foreclosure from 2008 to 2012. Five of those neighborhoods are included in the city's 18-month-old Micro-Market Recovery Program, a coordinated effort to stabilize neighborhoods and property values hit hard by foreclosures and vacant buildings.


Also designed to benefit hard-hit areas are the recent establishment of a Cook County Land Bank and legislation waiting for Gov. Pat Quinn's signature that will fast-track the foreclosure process for vacant, abandoned homes while providing financial resources to foreclosure prevention efforts.


mepodmolik@tribune.com


Twitter @mepodmolik





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Chicago commute one of nation's most unpredictable: study









You can predict with a high degree of confidence that the time it takes to drive from Point A to B on any given day is unpredictable.

And it's not just snowy or rainy days. It can be any day.

If there is a bright side, it's that Chicago was not the worst.

Residents of the Chicago area are accommodating that increasing uncertainty by setting aside more time each day — just in case — for the commute, new research shows.

For the most important trips, such as going to work, medical appointments, the airport or making a 5:30 p.m. pickup at the child care center to avoid late fees, drivers in northeastern Illinois and northwest Indiana should count on allotting four times as much time as it would take to travel in free-flowing traffic, according to the "Urban Mobility Report" to be released Tuesday by the Texas A&M Transportation Institute. The analysis is based on 2011 data, which are the most recent available.

It is the first time that travel reliability was measured in the 30-year history of the annual report. The researchers created a Planning Time Index geared toward helping commuters reach their destinations on time in more than 95 percent of the trips. A second index, requiring less padding of travel time, would get an employee to work on time four out of five days a week.

"If you plan only for average traffic conditions on your trip in the Chicago area, you are going to be late at least half the time," said Bill Eisele, a senior research engineer at the Transportation Institute who co-authored the study.

The constant unreliability that hovers over commuting is stealing precious time from other activities, crimping lifestyles, causing mounting frustration for drivers and slapping extra costs on businesses that rely on just-in-time shipments to manage inventory efficiently, researchers found.

The Chicago region ranked No. 7 among very large urban areas and 13th among 498 U.S. cities on a scale of the most unreliable highway travel times. The Washington area was the worst. A driver using the freeway system in the nation's capital and surrounding suburbs should budget almost three hours to complete a high-priority trip that would take only 30 minutes in light traffic, the study said.

The Washington area was followed on the list by the metropolitan areas of Los Angeles, New York-Newark, Boston, Dallas-Fort Worth, and Seattle.

Rounding out the top 10, the Chicago metro area was trailed by San Francisco-Oakland, Atlanta, and Houston.

Truck driver Frank Denk said he usually adds an hour or two to his trip through the Chicago area. Sometimes, it's not enough, other times traffic isn't a problem, he said. The one constant, Denk said Monday afternoon while taking a break at the O'Hare Oasis on the Tri-State Tollway, is that it is almost impossible to anticipate correctly.

"Job-wise, it can be very detrimental to truckers," said Denk, who is based in Green Bay, Wis. "All of a sudden, you're not able to make your delivery."

But quadrupling the time to travel back and forth each day? That's excessive, said Mike Hennigan, a 64-year-old accountant who regularly commutes from his Evanston home to his office near the junction of the Kennedy and Edens expressways. He recommends doubling the anticipated travel time.

"I can predict when it's going to be bad," Hennigan said, although he is less optimistic about his travel times when he heads toward downtown.

"Coming into the Loop can be deadly, especially later in the week," Hennigan said.

Overall, traffic congestion in the Chicago region is getting worse as the economy improves, although it's not as severe as the grip that gridlock has taken recently on some other very large metropolitan areas in the U.S., according to the report. The Washington area again topped the list, followed by Los Angeles, San Francisco-Oakland, New York-Newark, Boston, Houston, Atlanta, Chicago, Philadelphia, and Seattle.

No longer being ranked at the very top of the congestion heap provides little consolation for Chicago-area drivers.

What should be a 20-minute jaunt across town in Chicago or the suburbs if highway capacity were sufficient to permit vehicles to travel the speed limit now becomes about an 80-minute ordeal, according to the Texas A&M study. Scheduling 80 minutes for the trip would ensure an on-time arrival 19 out of 20 times, the study concluded.

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Kiefer Sutherland honored by Harvard theater group






CAMBRIDGE, Mass. (AP) — Golden Globe-winning actor Kiefer Sutherland has been named Man of the Year by Harvard University‘s Hasty Pudding Theatricals.


Sutherland will be roasted and receive his ceremonial pudding pot at a ceremony scheduled for Friday.






The 46-year-old Sutherland has been in dozens of films but is perhaps best known for his role as Jack Bauer in the television series “24,” for which he won Golden Globe and Primetime Emmy awards. He is currently starring in the television show “Touch.”


Last year’s Man of the Year was Jason Segel.


The 2013 Woman of the Year, Marion Cotillard (koh-tee-YAR’), was honored last week.


Hasty Pudding Theatricals is the nation’s oldest undergraduate drama troupe.


The awards are presented annually to performers who have made a lasting and impressive contribution to entertainment.


Entertainment News Headlines – Yahoo! News





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Well: Gluten-Free for the Gluten Sensitive

Eat no wheat.

That is the core, draconian commandment of a gluten-free diet, a prohibition that excises wide swaths of American cuisine — cupcakes, pizza, bread and macaroni and cheese, to name a few things.

For the approximately one-in-a-hundred Americans who have a serious condition called celiac disease, that is an indisputably wise medical directive.


One woman’s story of going gluten-free.



Now medical experts largely agree that there is a condition related to gluten other than celiac. In 2011 a panel of celiac experts convened in Oslo and settled on a medical term for this malady: non-celiac gluten sensitivity.

What they still do not know: how many people have gluten sensitivity, what its long-term effects are, or even how to reliably identify it. Indeed, they do not really know what the illness is.

The definition is less a diagnosis than a description — someone who does not have celiac, but whose health improves on a gluten-free diet and worsens again if gluten is eaten. It could even be more than one illness.

“We have absolutely no clue at this point,” said Dr. Stefano Guandalini, medical director of the University of Chicago’s Celiac Disease Center.

Kristen Golden Testa could be one of the gluten-sensitive. Although she does not have celiac, she adopted a gluten-free diet last year. She says she has lost weight and her allergies have gone away. “It’s just so marked,” said Ms. Golden Testa, who is health program director in California for the Children’s Partnership, a national nonprofit advocacy group.

She did not consult a doctor before making the change, and she also does not know whether avoiding gluten has helped at all. “This is my speculation,” she said. She also gave up sugar at the same time and made an effort to eat more vegetables and nuts.

Many advocates of gluten-free diets warn that non-celiac gluten sensitivity is a wide, unseen epidemic undermining the health of millions of people. They believe that avoiding gluten — a composite of starch and proteins found in certain grassy grains like wheat, barley and rye — gives them added energy and alleviates chronic ills. Oats, while gluten-free, are also avoided, because they are often contaminated with gluten-containing grains.

Others see the popularity of gluten-free foods as just the latest fad, destined to fade like the Atkins diet and avoidance of carbohydrates a decade ago.

Indeed, Americans are buying billions of dollars of food labeled gluten-free each year. And celebrities like Miley Cyrus, the actress and singer, have urged fans to give up gluten. “The change in your skin, physical and mental health is amazing!” she posted on Twitter in April.

For celiac experts, the anti-gluten zeal is a dramatic turnaround; not many years ago, they were struggling to raise awareness among doctors that bread and pasta can make some people very sick. Now they are voicing caution, tamping down the wilder claims about gluten-free diets.

“It is not a healthier diet for those who don’t need it,” Dr. Guandalini said. These people “are following a fad, essentially.” He added, “And that’s my biased opinion.”

Nonetheless, Dr. Guandalini agrees that some people who do not have celiac receive a genuine health boost from a gluten-free diet. He just cannot say how many.

As with most nutrition controversies, most everyone agrees on the underlying facts. Wheat entered the human diet only about 10,000 years ago, with the advent of agriculture.

“For the previous 250,000 years, man had evolved without having this very strange protein in his gut,” Dr. Guandalini said. “And as a result, this is a really strange, different protein which the human intestine cannot fully digest. Many people did not adapt to these great environmental changes, so some adverse effects related to gluten ingestion developed around that time.”

The primary proteins in wheat gluten are glutenin and gliadin, and gliadin contains repeating patterns of amino acids that the human digestive system cannot break down. (Gluten is the only substance that contains these proteins.) People with celiac have one or two genetic mutations that somehow, when pieces of gliadin course through the gut, cause the immune system to attack the walls of the intestine in a case of mistaken identity. That, in turn, causes fingerlike structures called villi that absorb nutrients on the inside of the intestines to atrophy, and the intestines can become leaky, wreaking havoc. Symptoms, which vary widely among people with the disease, can include vomiting, chronic diarrhea or constipation and diminished growth rates in children.

The vast majority of people who have celiac do not know it. And not everyone who has the genetic mutations develops celiac.

What worries doctors is that the problem seems to be growing. After testing blood samples from a century ago, researchers discovered that the rate of celiac appears to be increasing. Why is another mystery. Some blame the wheat, as some varieties now grown contain higher levels of gluten, because gluten helps provide the springy inside and crusty outside desirable in bread. (Blame the artisanal bakers.)

There are also people who are allergic to wheat (not necessarily gluten), but until recently, most experts had thought that celiac and wheat allergy were the only problems caused by eating the grain.

For 99 out of 100 people who don’t have celiac — and those who don’t have a wheat allergy — the undigested gliadin fragments usually pass harmlessly through the gut, and the possible benefits of a gluten-free diet are nebulous, perhaps nonexistent for most. But not all.

Anecdotally, people like Ms. Golden Testa say that gluten-free diets have improved their health. Some people with diseases like irritable bowel syndrome and arthritis also report alleviation of their symptoms, and others are grasping at gluten as a source of a host of other conditions, though there is no scientific evidence to back most of the claims. Experts have been skeptical. It does not make obvious sense, for example, that someone would lose weight on a gluten-free diet. In fact, the opposite often happens for celiac patients as their malfunctioning intestines recover.

They also worried that people could end up eating less healthfully. A gluten-free muffin generally contains less fiber than a wheat-based one and still offers the same nutritional dangers — fat and sugar. Gluten-free foods are also less likely to be fortified with vitamins.

But those views have changed. Crucial in the evolving understanding of gluten were the findings, published in 2011, in The American Journal of Gastroenterology, of an experiment in Australia. In the double-blind study, people who suffered from irritable bowel syndrome, did not have celiac and were on a gluten-free diet were given bread and muffins to eat for up to six weeks. Some of them were given gluten-free baked goods; the others got muffins and bread with gluten. Thirty-four patients completed the study. Those who ate gluten reported they felt significantly worse.

That influenced many experts to acknowledge that the disease was not just in the heads of patients. “It’s not just a placebo effect,” said Dr. Marios Hadjivassiliou, a neurologist and celiac expert at the University of Sheffield in England.

Even though there was now convincing evidence that gluten sensitivity exists, that has not helped to establish what causes gluten sensitivity. The researchers of the Australian experiment noted, “No clues to the mechanism were elucidated.”

What is known is that gluten sensitivity does not correlate with the genetic mutations of celiac, so it appears to be something distinct from celiac.

How widespread gluten sensitivity may be is another point of controversy.

Dr. Thomas O’Bryan, a chiropractor turned anti-gluten crusader, said that when he tested his patients, 30 percent of them had antibodies targeting gliadin fragments in their blood. “If a person has a choice between eating wheat or not eating wheat,” he said, “then for most people, avoiding wheat would be ideal.”

Dr. O’Bryan has given himself a diagnosis of gluten sensitivity. “I had these blood sugar abnormalities and didn’t have a handle where they were coming from,” he said. He said a blood test showed gliadin antibodies, and he started avoiding gluten. “It took me a number of years to get completely gluten-free,” he said. “I’d still have a piece of pie once in a while. And I’d notice afterwards that I didn’t feel as good the next day or for two days. Subtle, nothing major, but I’d notice that.”

But Suzy Badaracco, president of Culinary Tides, Inc., a consulting firm, said fewer people these days were citing the benefits of gluten-free diets. She said a recent survey of people who bought gluten-free foods found that 35 percent said they thought gluten-free products were generally healthier, down from 46 percent in 2010. She predicted that the use of gluten-free products would decline.

Dr. Guandalini said finding out whether you are gluten sensitive is not as simple as Dr. O’Bryan’s antibody tests, because the tests only indicate the presence of the fragments in the blood, which can occur for a variety of reasons and do not necessarily indicate a chronic illness. For diagnosing gluten sensitivity, “There is no testing of the blood that can be helpful,” he said.

He also doubts that the occurrence of gluten sensitivity is nearly as high as Dr. O’Bryan asserts. “No more than 1 percent,” Dr. Guandalini said, although he agreed that at present all numbers were speculative.

He said his research group was working to identify biological tests that could determine gluten sensitivity. Some of the results are promising, he said, but they are too preliminary to discuss. Celiac experts urge people to not do what Ms. Golden Testa did — self-diagnose. Should they actually have celiac, tests to diagnose it become unreliable if one is not eating gluten. They also recommend visiting a doctor before starting on a gluten-free diet.



This post has been revised to reflect the following correction:

Correction: February 4, 2013

An earlier version of this article misspelled the surname of Thomas O'Bryan. It is O'Bryan, not O'Brien.

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U.S. sues S&P over mortgage bond ratings









The federal government is embarking on one of its most ambitious efforts to assign blame for the financial crisis, going after Wall Street's biggest credit rating firm for its role in pumping up the housing bubble.


The Justice Department filed a lawsuit late Monday in Los Angeles federal court against Standard & Poor's Corp. The suit accuses the company's analysts of issuing glowing reviews on troubled mortgage securities whose subsequent failure helped cause the worst financial crisis since the Great Depression.


The action marks the first federal crackdown against a major credit rater, and it signals an untested legal tack after limited success in holding the nation's banks accountable for the part they played in the crisis.





The government selected Los Angeles as the venue to file the lawsuit in part because it was one of the regions hardest hit when the bottom fell out of the housing market. Hundreds of thousands of California residents lost their homes to foreclosure, and others saw their wealth evaporate as properties plummeted in value.


"The DOJ is playing hardball and they're coming at the ratings agency in a very different direction with a potentially very powerful weapon to push S&P to the settlement table," said Jeffrey Manns, a law professor at George Washington University.


In addition to the Justice Department, several state attorneys general are investigating the ratings agency. States such as California and New York are expected to pursue their own investigations and legal action, people familiar with the matter said.


S&P has faced other lawsuits from investors and the states of Illinois and Connecticut.


California is expected to sue S&P under the state's False Claims Act, one person familiar with the matter said. The law makes it a crime to defraud the state, and damages of up to three times the amount of the claim can be awarded if the victim was an institutional investor, such as one of the state's pension funds.


The federal action does not involve any criminal allegations. Critics have complained that the government has yet to send any senior bankers or Wall Street executives to jail for potential illegal behavior that led to the crisis.


But civil actions typically require a much lower burden of proof.


Investors rely in part on rating agencies to decide what stocks, bonds or other securities to buy based on the agencies' recommendations about their safety. The three major raters – S&P, Moody's Investors Service and Fitch Ratings — have all been criticized for giving perfect AAA ratings to complex bonds in 2007 that later turned out to be nearly worthless.


It was not known why Standard & Poor's was singled out in the federal lawsuit.


The government and S&P have tangled before. The rating agency in August 2011 issued a historic downgrade of U.S. creditworthiness and threatened to lower it even further.


The two sides were reportedly in settlement talks that broke down during the past week. The ratings firm could face hundreds of millions of dollars in fines and new restrictions on its business model if found liable of civil violations.


S&P, which is a unit of publisher McGraw Hill, denounced the lawsuit in a detailed and strongly worded response. The company said the claims were unjustified, adding that it acted in "good faith" to warn the world about some of the securities that went belly up.


"A DOJ lawsuit would be entirely without factual or legal merit," the company said, adding that even the U.S. government "publicly stated that problems in the subprime market appeared to be contained."


The rating firm has steadfastly maintained that it was protected under the 1st Amendment to state an opinion about certain financial products. That argument may not hold up if federal or state investigators are able to prove that the ratings agency knowingly gave improper evaluations.


The lawsuit zeros in on a series of collateralized debt obligations that were created at the height of the housing boom in 2007, according to S&P. The value of these exotic mortgage securities was nearly wiped out when the subprime mortgages they were tied to imploded.


Lawrence J. White, an economics professor at New York University's business school, believes that the housing crisis could have been more contained if ratings agencies had been more careful.


"If they had been more conservative in their ratings, fewer bonds would have been sold, the interest rates would have been higher, fewer mortgages would have been granted," White said. "There would still have been a housing bubble, but it might not have been quite so severe."





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Biggest snow of season hits the morning rush









Commuters got a crash refresher course on driving to work in the winter as the heaviest snow to hit the Chicago area in a year caused cars to spin out, trucks to jackknife and travel times to nearly double.

"They're everywhere," State Police Master Sgt. Jason LoCoco said, tallying up all the accidents on expressways this morning.

State police responded to dozens of accidents on the Kennedy, Dan Ryan and Eisenhower expressways. The most serious appeared to be a jackknifed truck on Interstate 290 at Lake Street that shut down three lanes.

No serious injuries were reported.


Andrew Ulm, 49, said it took him about an hour and a half to travel from Aurora to the Loop for a doctor's appointment this morning.

"They were fair, but it was a crawl," he said of the roads he took between 6:30 a.m. and 8 a.m.

"I left about a half-hour early to try and compensate, to try and get here on time," he added, standing in the lobby of a State Street parking garage.


Trasha Embry, a 44-year-old attorney, adjusted her normal commute to dodge the brunt of this morning's snowfall.

"I drove in later and I drove slower," she said as she was heading out of a Loop parking garage around 9:30 a.m. "I was not expecting it to be bad, but I am intentionally later."

Embry drives into the Loop from around 53rd Street.

She said Lake Shore Drive wasn't a problem, but her neighborhood roads were less plowed than they she thought they would be at that point in the morning. Her travel time was its usual 20 minutes, she said.








By the time the snow tapers off today, accumulation in most parts of the Chicago area will range between 2 and 4 inches, according to the National Weather Service.

As of 6 a.m., 2.6 inches had been recorded at O'Hare International Airport, making this the largest snowstorm to hit the Chicago area since Feb. 24 of last year, when 3.5 inches were recorded.

"We're not going to get much more," said Matt Friedlein, a meteorologist for the National Weather Service. "A half-inch to an inch more maybe. More in Indiana."

Arlington Heights had about 3.4 inches as of 6 a.m., Elgin 3.3 inches, Elk Grove Village  2.8 inches, Woodstock  2.3 inches, St. Charles 2.2 inches, Oak Park 2 inches, Countryside 2 inches and Aurora  1 inches.

In Chicago, snow plows were focusing first on clearing main streets and Lake Shore Drive, according to the Department of Streets and Sanitation. After clearing those roads, plow drivers will shift their focus to side streets.

The snow was also forcing cancellations and delays at O'Hare. As of 7 a.m., 127 flights had been canceled and 57 delayed, according to FlightStats, which draws data from airlines and the Federal Aviation Administration.


chicagobreaking@tribune.com

Twitter: @ChicagoBreaking





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The Future of BlackBerry 10 Sales Looks Hazy






Early sales figures from abroad suggest high demand for one of BlackBerry‘s two big comeback phones… in the struggling Canadian company’s strongest market. As the U.S. market remains on standby for sales and even ads, reports from both analysts and suppliers suggest sold-out new models in the United Kingdom, the first and only place the BlackBerry Z10 is available yet. “We believe Carphone Warehouse is seeing widespread sell-outs, while O2, Vodafone, Orange and EE are seeing robust demand,” Jefferies analyst Peter Misek writes. “We estimate sell-in to be at least several hundred thousand units,” he added. It’s not that these sales aren’t deserved — the gadget reviewers loved the touchscreen Z10, for the most part, and the full-keyboard Q10 model that also works with the new BlackBerry 10 OS isn’t on sale anywhere yet. But if any place would like a touchscreen BlackBerry, it would be the UK. Because the British may not have abandoned the smartphone keyboard, but they fell out of love it with a lot more slowly than Americans did  — BlackBerry held on to 12 percent of its market share there last year, compared to the 2 percent in the U.S. Unfortunately for the company formerly known as Research in Motion, the earliest signs suggest the Z10 may not change that lack of enthusiasm in the states.


RELATED: Everything You Need to Know About BlackBerry 10






The lack of stateside BlackBerry enthusiasm starts with American wireless carriers. U.S. customers can’t even buy the Z10 until sometime in March — we’ll be the last country to get it in this initial wave. The delay stems from a Federal Communications Commission approval process that will take weeks. While that might sound like a regulatory technicality, it may also reflect a lack of excitement to get the phone out there. None of the cellphone companies have started taking pre-sale orders, and all but one failed to provide an executive quote playing up the new BlackBerry, as PC Mag’s Sascha Segan pointed out. Sprint won’t even sell the Z10, opting to push out the more traditional Q10 and its signature keyboard when that phone starts to hit carriers in April. 


RELATED: Blackberry’s New OS Met With Resounding ‘Meh’


The Z10 sales delay could work in BlackBerry’s favor in one peculiar way — it should give consumers enough time to forget about the very weird, very desperate product unveiling. Still, two months is also enough time for initial hype to wear off, as other, newer phones get more and more attention — the much anticipated Samsung Galaxy SIV will supposedly come out around March as well. To keep Americans excited, BlackBerry has spent hundreds of millions on an ad campaign in the U.S., reports The Wall Street Journal. But the company’s new Super Bowl ad, which focused on all the things the new BlackBerry can’t do, has techies baffled:


RELATED: Look How Desperate the BlackBerry 10 Unveiling Event Actually Was


RELATED: RIM Says Sorry to Customers with Free Apps


“It’s just hard to see how you can introduce a new product without covering a single feature,” wrote The Verge’s T.C. Sotteck of the new spot. Lucky for BlackBerry, the ad was a one-time Super Sunday move. Its “Keep Moving” campaign, which focuses on what the phone can do, will debut today. The 60-second preview sampled over at The Verge sounds like it does a better job selling Z10′s features. “[The ad] featured a side-scrolling view of people moving through different variations on work and play: a nod to the company’s enterprise-focused heritage,” Sottech writes.


Gadgets News Headlines – Yahoo! News





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